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Statutory Holidays

What are the statutory holidays in the federal jurisdiction?

The statutory holidays for federal employees are New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day.

What are the eligibility requirements to qualify for holiday pay?

Length of service – employees must have completed 30 days of employment with an employer

Number of days worked – an employee must have been eligible to earn wages in 15 of the 30 days just before the holiday or, if working under a modified schedule he/she was entitled to wages for at least the number of days established under the regulation (so far none has been established)

Continuous operations – employees in a continuous operation are not entitled to be paid for a holiday on which they did not report for work when called or if they made themselves unavailable for work in contravention of their employment contract

How much should I get paid if I work on a statutory holiday?

Employees entitled to holiday pay receive 1.5 times their regular rate for the time worked that day, in addition to their regular rate of wages. Employees who are not entitled to holiday pay and work on a holiday are entitled to 1.5 times their normal rate of pay, unless they work in a continuous operation, in which case they’re entitled to their regular wages. Employees in a continuous operation who are required to work on a holiday, and qualify for holiday pay, are entitled to 1.5 times their regular rate of wages; a holiday with pay at some other time; or, where a collective agreement so provides regular pay for the next non-working day.

How much should I get paid if I don’t work on a statutory holiday?

If you qualify for holiday pay you are entitled to your regular wage for one days work.

Employees whose terms of employment with respect to hours of work are such that they are unable to establish that they were entitled to wages in 15 of the previous 30 days before the holiday are entitled to 1/20th of the wages they earned during those 30 days.

What if a statutory holiday falls on a non-working day?

When a holiday occurs on a non-working day employees get another holiday with pay at sme other time, except when New Year’s Day, Canada Day, Remembrance Day, Christmas Day, or Boxing Day falls on a non-working Saturday or Sunday, in which case the holiday with pay is to be on the working day just before or after the holiday. This does not apply to employees who, under a collective agreement, are entitled each year to nine paid holidays.

Where a holiday occurs during an employees vacation, the vacation may be extended by one day. The employer must pay the corresponding wages.

Can a statutory holiday be substituted for a day-off on another day of the year?

A holiday may be substituted for another day if the employer and the employees (or the union) have agreed to the substitution in writing. Where there is no union a substitution may be made if at least 70% of the affected employees have agreed and a notice has been posted for at least 30 days.

What if I am on call on a statutory holiday?

Being on call is considered the same as being employed, whether the person is called on to work or not.

Which legislation establishes statutory holidays in my jurisdiction?

The Canada Labour Code, Part III; the Canada Labour Standards Regulations; and the Holiday Act.

How do I make a complaint about my work situation?

Learn more about making a complaint in your jurisdiction

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