The Director of Labour Standards may authorize that a public holiday be observed on a specified working day other than the public holiday.

There are three payments to consider:

a) Payment for work on a public holiday:

All employees who work on a public holiday, except those engaged in the operation of a well drilling rig, get paid time and one half for all hours worked. This includes salaried employees and managers. The time and one half rate is in addition to the normal day’s pay calculated below in (c).

b) Overtime payable during the week of a public holiday:

Employees normally get overtime after eight hours per day and 40 hours per week. During a week (Saturday midnight to Saturday midnight) with a public holiday, they get overtime after eight hours per day and 32 hours per week. The 32 hours does not include any hours worked on the holiday.

c) Public holiday pay:

Most employees get 1/20 of their regular wages in the four weeks before a public holiday as public holiday pay, no matter what their days of work. The calculation includes all wages and holiday pay, but not overtime.

Hourly paid construction employees are entitled to 3.5% of all gross wages (exclusive of overtime and annual holiday pay) earned each calendar year as public holiday pay.

An employee earns regular wages of $300/week plus commission. In the four weeks before a public holiday, the employee takes one week of vacation for which he receives $300.00, and also earns $500.00 in commission. The calculation would be as follows:

Regular wages $300.00 x 3 =  $900.00
Annual holiday pay $300.00 =  $300.00
Commission =  $500.00
Total earnings = $1,700.00

The public holiday pay would be: $1,700.00 x .05 = $85.00

If the employee gets the day off with pay, then this amount would be taken off the $85.00 calculated above. Assuming a five day week, the employee would earn a base wage of $300.00 ÷ 5 = $60.00. Taking off the $60.00 would leave a balance of $25.00 to be paid.

In most cases, employees on a fixed salary that have the day off with pay will have received proper payment for the public holiday.

Where New Year’s Day, Christmas Day, or Remembrance Day fall on a Sunday, the following Monday is usually observed as a public holiday. If the employer’s establishment is normally open on Sunday, the public holiday remains unchanged.

Canada Day is covered by federal legislation. Currently, federal law says when July l falls on a Sunday, the holiday is observed on Monday, July 2.

Yes. Employers can apply for a permit from the Director of Labour Standards allowing the public holiday to be observed on another day. The Director may order that the holiday be observed on another day if a majority of the employees agree. If the employees are represented by a trade union, the trade union and the employer may agree in writing to observe the public holiday on another day.  In recognition of the significance of November 11 (Remembrance Day), switching that day to another day will only be granted in exceptional circumstances.

All full-time, part-time, casual, temporary and seasonal employees (including those who have not worked a full year) to whom The Labour Standards Act applies get annual holiday pay.

Annual holiday pay is calculated on an employee’s total wage for a given 12 month period. "Total wage" includes all salary, overtime, annual holiday pay for holidays taken, public holiday pay, commission, earned bonuses and any other payment for labour or personal service. The calculation is:

a) during the first 9 years of employment, multiply the total wage for the given 12 month period by 3/52 (approximately 6%);

b) during year 10 and following years of employment, multiply the total wage for the given 12 month period by 4/52 (approximately 8%).

Example:

An employee has worked for less than 10 years. If the given 12 month period is
May 1 to April 30, and the employee takes vacation leave in August following the April 30 year-end, the calculation is:

Salary (May to April) = $12,000.00
Commission =  $3,000.00
Total wages = $15,000.00
Annual holiday pay: $15,000.00 x 3/52 =    $865.38

Annual holiday pay of $865.38 would be payable for the August vacation.

a) Employees get a minimum of three weeks annual holidays after each year of employment.

b) Employees who complete 10 years of work with the same employer get a minimum of four weeks annual holiday.

a) during the 14 days before starting their annual holidays; or

b) if the holidays are not taken, within 11 months after earning their annual holidays; or,

c) within 14 days of termination.

No. This would be a double payment.

Employees and employers should decide together when annual holidays will be taken. If no agreement is reached, the employer must give the employee at least four weeks written notice of his or her annual holidays. An employee is entitled to take all their annual holidays in one continuous period, unless he or she requests shorter periods.

Employers can require employees to take annual holidays if the employer gives the employee four weeks written notice. An employer and employee can file an agreement not to take annual holidays with the Director of Labour Standards. The employee must get holiday pay before the end of the year even if holidays are not taken.

If there is a public holiday during an employee’s annual holiday, the annual holiday is extended by one day. Most employees should get a normal day’s pay for the public holiday. For more detailed information on public holidays, please refer to Public Holidays.