Everything You Need to Know About Ontario Statutory Holidays
Ontario’s general holiday rules have been amended as of January 1st 2018. Though employee eligibility has remained the same, the method of Ontario’s statutory holiday calculations has been changed. Below, you’ll find everything you need to know about Ontario’s general holiday rules.
Did you know? Ontario is the only province in Canada where Boxing Day (December 26) qualifies as a statutory holiday! Here are the additional 8 holidays that are observed as statutory holidays in Ontario:
- New Year’s Day
- Family Day
- Good Friday
- Victoria Day
- Canada Day
- Labour Day
- Thanksgiving Day
- Christmas Day
To be eligible for stat holiday pay in Ontario, employees simply have to follow the “first and last” rule – there are no restrictions on how long an employee has worked an employer. Employees must work their last scheduled shift before the stat holiday, and the first scheduled shift after the stat holiday, unless they have permissions to miss their shift for a reasonable cause.
- For example: Joe works Monday to Friday, and the next stat holiday falls on a Friday. Joe is scheduled to work on the Thursday before the holiday, and the Monday after the holiday. He must work these entire shifts to be eligible for stat pay.
- But Joe has requested Monday off to extend his weekend. His manager approves his request, therefore Joe is still eligible for stat pay.
However, if Joe’s request is not accepted, and he does not show up, he will only be paid premium pay for the hours he has worked on the stat holiday.
Statutory pay is calculated by taking “the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period…”
Regular wages DOES NOT include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay, termination pay, severance pay and termination of assignment pay.
If the employee was on a personal emergency leave, on vacation, or on a combination of the two for the entire pay period before the public holiday, the calculation is instead based on the regular wages earned by the employee in the pay period before the start of that leave or vacation, divided by the number of days the employee worked in that period.
If the employee was not employed during the pay period before the public holiday, the public holiday pay is calculated using the regular wages earned by the employee in the pay period that includes the public holiday, divided by the number of days the employee worked in that period.
If the employee was not scheduled to work in the last pay period (0 days worked & $0 regular wages), the employee’s general holiday pay entitlement will be $0.
Stat Premium Pay Calculation
In addition to stat holiday pay, employees who work on the day of the statutory holiday, they are also entitled to premium pay. This is calculated by multiplying their regular hourly wage by 1.5.
For example: Last pay period, Jane is paid $12/hour and works four 8 hour shifts. She also works an 8 hour shift on a stat holiday. She is eligible for both regular and premium stat pay.
To calculate her total stat pay:
- Regular wages earned in the last pay period = $12 x 32 (8×4) hours = $384 (No vacation, no OT)
- $384 / 4 days = $96 in regular stat pay
- 1.5 x ($12 x 8 hours) = $144 in premium payIn total, Jane will be paid $240 in statutory pay
After that long read, your thoughts on calculating statutory holiday could only go two ways:
- “wow, I think I get it!” or
- “… I need to read that again.”
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