Do you get paid for stat holidays in Ontario? It’s a simple question, but the answer may surprise you. Many people assume that if they have a day off for a statutory holiday, they’re automatically entitled to pay. But the truth is, whether or not you get paid for a stat holiday in Ontario depends on a number of factors.
For starters, it’s important to understand that there is no one-size-fits-all answer to this question. The rules around holiday pay can vary based on your industry, your employer, and even your employment status. So if you’re wondering whether you’ll get paid for an upcoming holiday, it’s important to do some research and find out what your specific rights and obligations are.
Of course, for many people, the real question isn’t just about whether they’ll get paid for a stat holiday – it’s about what they’re entitled to in general. With so many different employment laws and regulations to navigate, it can be tough to know exactly what you’re entitled to as an employee in Ontario. But understanding your rights and taking steps to protect them is crucial if you want to be confident and secure in your work. After all, it’s not just about how you get paid for holidays – it’s about creating a workplace that treats you fairly and with respect.
Statutory holidays in Ontario
In Ontario, there are nine statutory holidays that are recognized as paid holidays for employees. These holidays are:
- New Year’s Day (January 1st)
- Family Day (third Monday in February)
- Good Friday (the Friday before Easter Sunday)
- Victoria Day (the Monday before May 25th)
- Canada Day (July 1st)
- Labour Day (the first Monday in September)
- Thanksgiving Day (the second Monday in October)
- Christmas Day (December 25th)
- Boxing Day (December 26th)
It’s important to note that some businesses may recognize additional holidays, but these are not legally mandated as paid holidays in Ontario.
Do you get paid for stat holidays in Ontario?
Yes, employees are entitled to paid time off for statutory holidays in Ontario if they meet certain requirements. According to the Ontario Ministry of Labour, employees are entitled to public holiday pay if:
- They are eligible employees (have been employed for at least 90 days)
- They have worked their last regularly scheduled day before the holiday, and their first regularly scheduled day after the holiday (unless they have just cause not to work these days)
- They did not refuse to work on the holiday if asked by the employer
If an employee meets these requirements, they are entitled to be paid either their regular wages for the hours they would have worked on the holiday, or an average day’s pay, which is calculated by taking the total amount of regular wages earned in the pay period leading up to the holiday and dividing it by the number of days worked in that period. Employers are also required to pay an additional premium of at least 1.5 times the regular rate of pay for any hours worked on a statutory holiday.
Statutory holiday pay in Ontario
As mentioned earlier, eligible employees in Ontario are entitled to public holiday pay for the nine statutory holidays. The amount of public holiday pay is equal to the average daily earnings of the employee in the pay period leading up to the holiday. This is calculated by taking the total amount of regular wages earned in the pay period and dividing it by the number of days worked in that period.
| What is included in public holiday pay? | What is excluded from public holiday pay? |
|---|---|
| Regular wages earned by the employee in the pay period before the public holiday | Gratuities |
| Vacation pay payable to the employee | Bonuses |
| Overtime pay | Severance pay |
It’s important for employers and employees to understand the rules and regulations surrounding statutory holidays in Ontario to ensure everyone is fairly compensated and treated. Employers should make sure they are providing their employees with the appropriate amount of public holiday pay, and employees should be aware of their entitlements and speak up if they are not receiving them.
Ontario Employment Standards Act
The Ontario Employment Standards Act is a legislation that sets the minimum employment standards in Ontario, Canada. It outlines the rights and responsibilities of both employers and employees in the province, including the rules surrounding payment for statutory holidays.
Do you get paid for stat holidays in Ontario?
- Under the Ontario Employment Standards Act, employees are entitled to nine paid statutory holidays each year.
- Employees who work on a statutory holiday are entitled to be paid for the hours worked at a rate of at least time and a half.
- If an employee does not work on a statutory holiday, they are still entitled to be paid their regular wages for that day.
Substitution of statutory holidays
In some cases, an employer and employee may agree to substitute a statutory holiday for another day. For example, if the employee works on Christmas Day, they may choose to take a different day off instead. In this scenario, the employee would still be entitled to receive holiday pay.
It is important to note that employers cannot force their employees to substitute a statutory holiday unless the employee agrees in writing. Additionally, the substitute day must be taken within three months of the original statutory holiday.
Calculating holiday pay in Ontario
In Ontario, holiday pay is calculated based on the employee’s regular wages earned in the four workweeks before the holiday, divided by 20. This calculation includes any vacation pay, but excludes overtime pay.
| Example: | |
|---|---|
| John usually earns $2,000 per week, including vacation pay. | |
| In the four workweeks leading up to Victoria Day, John worked 40 hours each week and earned $10,000. | |
| Holiday pay is calculated by dividing John’s earnings by 20: | $10,000/20 = $500 |
Therefore, John would be entitled to $500 in holiday pay for Victoria Day.
Each province in Canada has its own employment standards legislation, so it is important for employers and employees to familiarize themselves with the rules in their specific province.
Types of Statutory Holidays
Statutory holidays are regulated by the Employment Standards Act of Ontario and provide employees with a day off work and pay. There are nine statutory holidays in Ontario:
- New Year’s Day (January 1)
- Family Day (third Monday in February)
- Good Friday (Friday before Easter Sunday)
- Victoria Day (Monday before May 25)
- Canada Day (July 1)
- Civic Holiday (first Monday in August)
- Labor Day (first Monday in September)
- Thanksgiving Day (second Monday in October)
- Christmas Day (December 25)
Some businesses may choose to recognize additional holidays, such as Boxing Day (December 26), but these are not statutory holidays and are not governed by the Employment Standards Act.
Each statutory holiday has its own unique meaning and significance. For example, Family Day is intended to give families an opportunity to spend time together and celebrate their relationships, while Labour Day is a celebration of workers and their contributions to the economy. Understanding the significance of each holiday can help employees appreciate their time off and use it to recharge and spend time with loved ones.
Payment for Statutory Holidays
Under the Employment Standards Act, employees are entitled to receive pay for statutory holidays if they meet certain criteria. To be eligible for statutory holiday pay, an employee must:
- be employed for at least 13 of the 20 workdays immediately before the holiday
- not refuse to work on the holiday if he or she is asked to do so
- have worked his or her last regularly scheduled day of work before the holiday and his or her first regularly scheduled day of work after the holiday
If an employee meets these criteria, they are entitled to receive holiday pay equal to their regular wages for the day. If the employee is required to work on the holiday, they are entitled to receive premium pay in addition to their regular pay. The premium pay is at least 1.5 times their regular rate of pay for the first 12 hours worked and double their regular rate of pay for any additional hours worked.
Employers who fail to pay employees the correct amount for statutory holidays can face penalties and legal action. It is important for employees to understand their rights and for employers to ensure they are meeting their obligations under the law.
Conclusion
Statutory holidays are an important part of Canadian culture and provide employees with an opportunity to rest, relax, and recharge. Understanding the types of statutory holidays, their significance, and how payment for these holidays works can help employees appreciate their time off and ensure they receive the correct amount of pay. Employers who have questions about statutory holidays should consult the Employment Standards Act or seek the advice of a legal professional to ensure they are meeting their obligations under the law.
| Statutory Holiday | Date | Meaning and significance |
|---|---|---|
| New Year’s Day | January 1 | Celebrates the start of the new year according to the Gregorian calendar. |
| Family Day | Third Monday in February | Gives families an opportunity to spend time together and celebrate their relationships. |
| Good Friday | Friday before Easter Sunday | Observes the crucifixion and death of Jesus Christ. |
| Victoria Day | Monday before May 25 | Commemorates Queen Victoria’s birthday and celebrates the beginning of summer. |
| Canada Day | July 1 | Celebrates the anniversary of the Confederation of Canada in 1867 and Canada’s independence from Great Britain. |
| Civic Holiday | First Monday in August | Also known as Simcoe Day in Toronto, this holiday celebrates local heritage and heroes. |
| Labour Day | First Monday in September | Celebrates workers and their contributions to the economy. |
| Thanksgiving Day | Second Monday in October | Gives thanks for the blessings of the harvest and the preceding year. |
| Christmas Day | December 25 | Observes the birth of Jesus Christ. |
Understanding the significance of each statutory holiday can help employees appreciate their time off and use it to recharge and spend time with loved ones.
Eligibility for paid statutory holidays
Statutory holidays in Ontario are days that are designated by government or employers as a paid day off from work. There are nine statutory holidays in Ontario which include New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. However, not all employees are eligible for paid statutory holidays.
- Full-time employees: If you’re a full-time employee, you’re eligible for paid statutory holidays even if you have not worked a full year.
- Part-time employees: Part-time employees who have worked for their employer for at least two weeks are eligible for paid statutory holidays.
- Casual employees: Casual employees are not entitled to paid statutory holidays.
In certain cases, employers may extend holiday pay to employees who are not eligible. However, it is at the discretion of the employer to determine if they will provide this benefit. It’s important to check with your employer to understand your eligibility for paid statutory holidays.
Employers are required to pay eligible employees a holiday pay that is equal to the average regular daily wage earned in the four work weeks before the holiday. If an employee works on the holiday, they are entitled to premium pay in addition to their regular pay or a day off with holiday pay.
| Eligible Employees | Entitlement to Holiday Pay |
|---|---|
| Full-time employees | Yes |
| Part-time employees who have worked for their employer for at least two weeks | Yes |
| Casual employees | No |
It’s important to know your rights as an employee when it comes to statutory holiday pay. If you believe that your employer has not followed the rules around holiday pay, you can file a complaint with the Ministry of Labour.
Calculation of holiday pay
Statutory holidays are an important part of employment in Ontario, Canada. They allow workers to take time off work to spend time with friends and family, as well as to celebrate important events throughout the year. One of the most common questions that employees have is whether they get paid for statutory holidays and, if so, how much they will receive. This article will explain how holiday pay is calculated for workers in Ontario.
- The employee’s regular pay rate: The amount of holiday pay an employee receives will depend on their regular pay rate. If an employee is paid by the hour, their holiday pay will be equivalent to the average hours worked in the preceding four-week period multiplied by the employee’s regular rate of pay. If an employee is paid a fixed salary, their holiday pay will be equivalent to one-fifth of their regular weekly pay.
- The number of days worked: To be eligible for holiday pay, employees must have worked for their employer for a minimum of 15 days in the last 30 days. If an employee has worked fewer than 15 days in the preceding 30 days, they will not be entitled to holiday pay.
- The type of holiday: Ontario has nine statutory holidays, including New Year’s Day, Family Day, and Christmas Day. Employers are only required to pay their employees for the statutory holidays that fall on a day that the employee would normally work. If the holiday falls on a day when the employee is not scheduled to work, they will not be entitled to holiday pay.
In addition to the above factors, it’s worth noting that employees who work on a statutory holiday may be entitled to premium pay. This means that they may receive their regular pay rate plus an additional amount, such as time-and-a-half or double time.
Employers are required to follow the guidelines set out by the Employment Standards Act, 2000 when calculating holiday pay for their employees. If employees believe that their holiday pay has been calculated incorrectly, they should speak to their employer or contact the Ministry of Labour for assistance.
| Holiday | Date | Paid Day Off? |
|---|---|---|
| New Year’s Day | January 1st | Yes |
| Family Day | Third Monday in February | Yes |
| Good Friday | Friday before Easter Sunday | No |
| Victoria Day | Monday on or before May 24th | Yes |
| Canada Day | July 1st | Yes |
| Civic Holiday | First Monday in August | Yes |
| Labour Day | First Monday in September | Yes |
| Thanksgiving Day | Second Monday in October | Yes |
| Christmas Day | December 25th | Yes |
In conclusion, holiday pay is an important part of employment in Ontario, and workers are entitled to receive it if they meet the eligibility criteria. The amount of holiday pay an employee receives will depend on several factors, including their regular pay rate, the number of days worked, and the type of holiday. Employers are required to follow the guidelines set out by the Employment Standards Act, 2000 when calculating holiday pay, and employees who believe that their pay has been calculated incorrectly should seek assistance from their employer or the Ministry of Labour.
Exceptions to Statutory Holiday Pay
Statutory holiday pay is a right that all employees in Ontario have. This means that if you work on a statutory holiday, you are entitled to get paid at a premium rate. However, there are some exceptions to this rule. These exceptions are important to understand for both employees and employers.
- If you are part of a union, your collective agreement may provide for different statutory holiday pay rates or conditions.
- If you are a commissioned salesperson, and you work primarily on a commission basis, you may not be entitled to statutory holiday pay. However, if you work a significant amount of time on an hourly or salaried basis, you may still be entitled to it.
- If you are a manager or supervisor who earns a salary and exercises management functions, you may not be entitled to statutory holiday pay. This is because your salary is meant to cover all of the hours you work, including statutory holidays.
In addition to these exceptions, there are also some specific conditions that must be met in order to qualify for statutory holiday pay. For example, you must have worked for the employer for at least 90 days prior to the holiday, and you must have worked your last scheduled shift before the holiday and your first scheduled shift after the holiday.
Employers should be aware of these exceptions and ensure that they are following the correct rules when it comes to statutory holiday pay. Employees should also understand their rights and know when they may not be entitled to statutory holiday pay.
Calculating Statutory Holiday Pay
Calculating statutory holiday pay can be a bit complicated, especially if you work irregular hours or have multiple rates of pay. In general, statutory holiday pay is calculated by taking your average daily earnings in the four weeks before the holiday and multiplying them by 1.5. This means that if you work on a statutory holiday, you should receive 1.5 times your regular rate of pay.
However, if you work irregular hours or have multiple rates of pay, your average daily earnings may be difficult to calculate. In this case, your employer should provide you with a detailed explanation of how your statutory holiday pay was calculated.
It’s important to note that if you are entitled to statutory holiday pay, your employer cannot ask you to take the day off without pay in order to avoid paying the premium rate. Similarly, they cannot ask you to work additional hours before or after the holiday to make up for the time off.
Statutory Holidays in Ontario
There are nine statutory holidays in Ontario. These holidays are:
| Holiday | Date |
|---|---|
| New Year’s Day | January 1st |
| Family Day | The third Monday in February |
| Good Friday | The Friday before Easter Sunday |
| Victoria Day | The Monday before May 25th |
| Canada Day | July 1st |
| Civic Holiday | The first Monday in August |
| Labor Day | The first Monday in September |
| Thanksgiving Day | The second Monday in October |
| Christmas Day | December 25th |
Keep in mind that not all employees are entitled to time off on these holidays, but they are entitled to the premium pay rate if they do work.
Vacation Pay and Statutory Holidays
As an employee in Ontario, Canada, it’s essential to understand your rights regarding vacation pay and statutory holidays. Below are some crucial points to keep in mind:
Vacation Pay
- Employees in Ontario are entitled to at least two weeks of vacation per year, or four percent of their gross wages, whichever is greater.
- Your employer must pay you your vacation pay either on every paycheck or at least once a month, depending on your employer’s established pay schedule.
- If you leave your job, your employer must pay you any remaining vacation pay owed.
Statutory Holidays
In Ontario, there are nine statutory holidays, and most employees are entitled to take these days off work with pay. The nine statutory holidays in Ontario are:
- New Year’s Day
- Family Day
- Good Friday
- Victoria Day
- Canada Day
- Labor Day
- Thanksgiving Day
- Christmas Day
- Boxing Day
If you work on a statutory holiday, you may be entitled to time off in lieu or premium pay for working on the holiday, depending on your employer and industry. Here’s a breakdown of your rights as an employee:
| Employment Standards Act | Construction industry | Retail industry |
|---|---|---|
| You are entitled to take the day off work with pay if it’s a statutory holiday and you qualify. | You are entitled to a day off with pay and a holiday premium of at least 1.5 times your regular rate of pay for working on a statutory holiday. | You are entitled to a day off with pay and a holiday premium of at least 1.5 times your regular rate of pay for working on a statutory holiday, or you can agree to work on the holiday and receive 1.5 times your regular rate of pay plus another day off with pay. |
It’s critical to know your rights as an employee regarding vacation pay and statutory holidays. Make sure to keep track of your vacation pay and communicate with your employer about your entitlement to time off on statutory holidays. Understanding Ontario’s employment standards can help you protect your rights as a worker and advocate for yourself in the workplace.
Do You Get Paid for Stat Holidays in Ontario FAQs:
1. Is the employer required to pay the employee for stat holidays in Ontario?
Yes, the employer is required to pay the employee for stat holidays in Ontario.
2. Is an employee eligible for stat holiday pay?
The employee is eligible for stat holiday pay if they have worked for the employer for at least 90 days in the last year.
3. How is stat holiday pay calculated in Ontario?
Stat holiday pay is calculated as the average daily wages earned by the employee in the previous four weeks.
4. What if the employee works on a stat holiday in Ontario?
If the employee works on a stat holiday in Ontario, they are entitled to receive their regular pay for the hours worked on top of the stat holiday pay.
5. Can the employer substitute stat holidays for other days off?
No, the employer cannot substitute stat holidays for other days off.
6. Do part-time employees get paid for stat holidays in Ontario?
Yes, part-time employees are entitled to stat holiday pay in Ontario if they are eligible.
7. Is it legal for an employer to deny stat holiday pay to employees in Ontario?
No, it is illegal for an employer to deny stat holiday pay to employees in Ontario as it is a protected employment standard.
Closing Title: Thanks for Reading!
Thanks for reading about whether you get paid for stat holidays in Ontario! Remember, if you’re an eligible employee in Ontario, you are entitled to stat holiday pay. Don’t let your employer deny you your rights. Be sure to visit us again for more articles on employment standards in Ontario. Have a great day!