General Holidays & General Holiday Pay

There are nine statutory holidays:

• New Year’s Day
• Family Day
• Good Friday
• Victoria Day
• Canada Day
• Labour Day
• Thanksgiving Day
• Remembrance Day
• Christmas Day

Last Reviewed: November 2020

No, Boxing Day is not a statutory holiday but employers can designate another additional day as a general holiday by agreement with their employees. Any day designated by agreement will be under the same rules as the nine statutory holidays. Easter Monday and Heritage Day are two other common examples of optional general holidays.

Last Reviewed: November 2020

Yes. It is possible to substitute another day for a general holiday. For example, you can work on New Year’s Day and take Thanksgiving Day as a holiday instead. The same rules about holiday pay will apply.

Last Reviewed: November 2020

In order to qualify for general holiday pay, you must work for the same employer for 30 working days in the last 12 months before the general holiday.

For example: You started a new job one week before Canada day so you cannot get general holiday pay for that day. If you had started the job two months before Canada Day and worked for 30 days, you would then qualify for general holiday pay for Canada Day.

Last Reviewed: November 2020

If a holiday falls on a day that is a normal workday for you and you work on that holiday, you are entitled to either:

• 1.5 times your regular wage rate for hours worked and your average daily wage, or
• your regular wage rate for hours worked and one day off of work paid at your average daily wage

For example: You work in a restaurant from Monday to Friday. You work on Labour Day, which falls on a Monday. You are entitled to getting paid 1.5 times your regular wage rate for your hours worked and your average daily wage. Alternatively, you are entitled to your regular wage rate for hours worked and one day off of work paid at your average daily wage.

Last Reviewed: November 2020

If a holiday falls on a day that is a normal workday for you and you do not work on that holiday, you are entitled to your average daily wage.

For example: You work in a restaurant from Monday to Friday. You decide not to work on Christmas Day, which falls on a Wednesday. You are entitled to your average daily wage even though you decide to take that holiday off.

Last Reviewed: November 2020

If there’s a holiday that does not fall on a normal workday for you and you work on that holiday, you are entitled to 1.5 times your regular wage rate for hours worked.

For example: You normally work Monday to Thursday every week. Your boss asks you to work on Good Friday. You are entitled to 1.5 times your regular wage rate for hours worked.

Last Reviewed: November 2020

If there’s a holiday that does not fall on a normal workday for you and you do not work on that holiday, you are not entitled to any holiday pay.

For example: You normally work Tuesday to Friday every week. You do not work on Easter Monday so you are not entitled to any holiday pay.

Last Reviewed: November 2020

Whether a holiday falls on a “normal” work day is based on whether the holiday is on a weekday that you have worked 5 of the previous 9 weeks.

For example: You have an irregular work schedule but in the past 5 out of 9 weeks, you have worked on Monday. An upcoming Remembrance Day is on a Monday so it would then be considered a “normal” work day for you.

Last Reviewed: November 2020

NOTE: The law changed on November 1, 2020 on how to calculate average daily wage. The new law is below. The old law applies to calculating holiday pay for a holiday that occurred before November 1st. Contact Employment Standards for more information. 

The average daily wage for a general holiday is calculated by taking the employee’s total wages in a period divided by the number of days worked by the employee in that period. Average daily wage does not include vacation pay and general holiday pay.

Employers can choose from two different periods to calculate the average daily wage:

1. the 4-week period immediately before the general holiday. For example, if the holiday falls on a Monday, the period would be the 28 days ending on the Sunday before the holiday.
2. the 4-week period ending on the last day of the pay period before the general holiday. For example, if your pay period ends on June 25th, the 4-week period to calculate average daily wage for Canada Day would end on June 25th. It would not take into account hours worked between June 26th and Canada Day.

Last Reviewed: November 2020

Employees not covered include:

• employees covered by other Acts (for example, lawyers, academic staff)
• salespersons of automobiles, trucks, buses, farm machinery, road construction equipment, heavy-duty equipment, mobile homes, or residential homes
• salespersons who solicit orders, principally outside of the employer’s place of business, who are fully or partly paid by commission (this does not apply to route salespersons)
• licensed salespersons of real estate, insurance (when paid entirely by commission), and securities
• salespersons for licensed direct sellers over the age of 16
• extras in a video or film production
• instructors or counsellors at a non-profit educational or recreational camp for children or handicapped persons or operated for religious purposes.

Last Reviewed: November 2020

Your boss does not have to pay you for the holiday if you are away from the job without permission on the last working day before or the first working day after the holiday.

For example: You go away for Family Day long weekend and do not get back in time to go to work on Tuesday. You did not phone in to get your boss’ permission about being absent for work on Tuesday. Your boss does not have to pay you for Family Day.

Last Reviewed: November 2020

Your boss does not have to pay you if you do not work on a holiday when you have been asked or scheduled to do so.

Last Reviewed: November 2020

Yes. As long as you are covered by the Employment Standards Code and qualify for general holiday pay (you have worked at least 30 days in the previous 12 months before the general holiday), you will be entitled to general holiday pay.

Last Reviewed: November 2020

If you are paid entirely by commission, your pay for a general holiday (wages plus time and a half) is calculated based on the current minimum wage rates. If you are paid partly by commission and partly by salary, your pay for a general holiday is based upon whatever is the higher — the salary part of your earnings or the current minimum wage.

Last Reviewed: November 2020

Yes. You can take the day on the first scheduled day of work after your vacation, or take it on another day before your next annual vacation in agreement with your employer.

Last Reviewed: November 2020

No. Because of the nature of the construction industry, you generally are not entitled to a general holiday off with pay. However, special rules ensure that construction workers are compensated for general holidays. Full-time and part-time construction workers are entitled to general holiday pay equal to 3.6 percent of an employee’s wage. This can be paid to the employee annually, on termination, or with each pay cheque.

Last Reviewed: November 2020