In Ontario, employees are eligible for statutory holiday pay or the day off if:
- They worked their full regularly scheduled day/shift before the holiday and their full regularly scheduled day/ shift after the holiday.
- If they are required to work on the holiday but miss their shift due to illness (or other valid reason), they are still eligible for statutory holiday pay or an alternate day off.
Note: When an employee is required to work “the last scheduled shift/working day prior to the holiday and the first scheduled shift/working day after the holiday,” this isn’t always the calendar day before and after the holiday.
Once an employee’s eligibility for statutory holiday pay has been established, the actual remuneration must be calculated. For full-time salaried people, the day is usually taken as a day off.
In Ontario, the following applies:
- If the holiday is not worked, then thetotal of earnings from the past 4 scheduled work weeks is divided by 20
- If the holiday falls on a regular workday and is worked, regular wages for all hours worked on the holiday, plus a substitute day off work with statutory holiday pay OR statutory holiday pay plus 1.5 times regular hourly rate for each hour worked (employee must agree in writing)
- If the holiday falls on a non-working day, then a substitute day off with statutory holiday pay OR statutory holiday pay for the holiday with no substitute day off (employee must agree in writing)
In Ontario, “regular wages” are regular earnings plus vacation pay earned during the 4 weeks prior to the holiday. Excluded are overtime pay, public holiday pay, premium pay, vacation pay received if on vacation during the calculation period, or sexual violence leave pay, personal emergency leave pay, termination pay, and severance pay. Performance-related bonuses are included, but discretionary bonuses are excluded.
As always, an employer may offer a greater benefit than what is legislated under the minimum requirement. For example, employers may treat the Civic Holiday in August and/or the National Day for Truth and Reconciliation as statutory holidays.
The rules around statutory holidays can be complicated and confusing. Contact us if you have any questions about statutory holiday pay for your business. You can also refer to the Employment Standards Act 2000 (ESA) for complete information or use the Ontario government’s self-service tool (see both linked below).
Ontario Public Holiday Legislation
Contact Ford Keast LLP in London to Discuss any Human Resources Concerns for your Business
Whether or not an employee is eligible for statutory holiday pay depends on a variety of factors. All employees are entitled to statutory holiday pay based on the criteria listed within this latest article. Employees covered under statutory holiday provisions include employees who are newly hired, full-time, part-time, casual, contract or students.
To learn more about this topic, please contact our expert HR Consultant online or by telephone at 519-679-9330 ext. 401 to help support you and your business.
