What are the statutory holidays in Nunavut? The statutory holidays are New Year's Day, Good Friday, Victoria Day, Canada Day, First Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day.
What are the eligibility requirements to qualify for holiday pay? Employees are not entitled to holiday pay if they (a) have not worked for 30 days or more during the preceding year; (b) did not report to work on the holiday after having been called to do so; (c) did not report to work on their regular work day immediately preceding or following the holiday, without their employer’s consent; or (d) are on pregnancy or parental leave.
Are there exceptions to the eligibility requirements? The Act does not apply to trappers, persons engaged in commercial fisheries and members and students of designated professions.
How much should I get paid if I work on a statutory holiday? Employees are entitled to holiday pay, plus either (a) 1½ times their regular rate of wages for the time worked; or (b) another day off with pay at some other time convenient to the employee and the employer. This must be scheduled no later than the employee’s next annual vacation or the termination of his or her employment.
Working on a non-working day – Employees who are not required to work on a general holiday must be paid at least double their regular rate of wages if they are required, in the same week, to work on what is normally a nonworking day.
“Regular rate" – basis other than time – The regular rate of wages for employees whose wages are entirely calculated and paid on a basis other than time is deemed to be the minimum wage. For those whose wages are partially calculated on a basis other than time, the regular rate is considered to be greater of the minimum wage or the hourly rate applicable to the time component of the wages.
How much should I get paid if I don’t work on a statutory holiday? Employees whose wages are calculated on the basis of time – at least the regular rate of wages for normal hours of work.
Employees whose wages are calculated on any other basis – at least the average of daily wages for the four weeks preceding the week in which the holiday occurs.
What if a statutory holiday falls on a non-working day? Where the holiday falls on a non-working day, the employee must be paid for the holiday or receive a day off with pay at some other time convenient for him or her and the employer. This day off must be scheduled not later than the employee’s next annual vacation or the termination of his or her employment.
Can a statutory holiday be substituted for a day-off on another day of the year? A holiday may be substituted for another day where:
(a) a class of employees are represented by a trade union and the parties to a collective agreement notify the Labour Standards Officer in writing that a specified day has been designated in the collective agreement as a holiday in lieu of a general holiday under the Act; or
(b) employees are not represented by a union, or a collective agreement does not contain provisions regarding general holidays, and an employer applies to the Labour Standards Officer to substitute another day for a holiday designated under the Act. The Labour Standards Officer must be satisfied that a majority of the affected employees agree before approving the substitution.
What if I am on call on a statutory holiday? Being on call is deemed to be employed, whether or not the person is called on to perform any work.
Which legislation establishes statutory holidays in my jurisdiction? The Labour Standards Act.