Although the year is 2021, but it should be noted that Ontario's general holiday rules were amended as of January 1st 2018. Though employee eligibility has remained the same, the method of Ontario's statutory holiday calculations may have been changed since you last checked. Below, you'll find everything you need to know about Ontario's general holiday current rules.
Statutory Holidays in Ontario are:
- New Year's Day - January 1st
- Family Day - Third Monday in February
- Good Friday - Friday preceding Easter Sunday
- Victoria Day - Last Monday preceding May 25th
- Canada Day* - July 1st
- Labour Day - First Monday in September
- Thanksgiving Day - Second Monday in October
- Remembrance Day - November 11th
- Christmas Day - December 25th
- Boxing Day - December 26
*If Canada Day falls on a Sunday, the following Monday is observed as the statutory holiday.
Is Family day a Stat Holiday?
Although Family Day is not a national statutory holiday, it is only observed in New Brunswick, Alberta, Manitoba, Ontario, Saskatchewan and in British Columbia. Therefore the answer is yes, Family day is a Stat Holiday in Ontario.
Employee eligibility in Ontario
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 due to reasonable cause or have their employer's consent.
- 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 average 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.
Stat pay calculation in Ontario.
3 years ago, on July 1st 2018, the method of general statutory pay has been amended. The new calculation will be reverted to how it was calculated previously. The calculation is as follows:
- Total amount of regular wages earned and vacation pay four work weeks before the work week in which the public holiday occurred, divided by 20.
The four weeks before the public holiday is based on the employer’s work week. For example, instead of a Monday to Sunday work week, it could be a Sunday to Saturday work week.Here's an example:In the last 4 weeks, Peter is paid $14/hour and worked 30 hours. As he also worked his last scheduled shift before the holiday and will be working the first shift after. He is eligible for both regular stat pay and premium stat pay should he be scheduled for the day.
- Regular wages earned in the last 4 weeks = $14 x 30 hours = $420 + $16.80(vacation pay, paid out per cheque)
- Regular wages earned in the last 4 weeks = $14 x 30 hours = $420 + $16.80(vacation pay, paid out per cheque)
- $436.80 / 20 = $21.84 in regular stat pay
In total, Peter will be paid $21.84 in regular statutory pay, even if he does not work the holiday.
Stat premium pay calculation.
In addition to Ontario stat holiday pay, employees who work on the day of the statutory holiday, 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. As she also worked her last scheduled shift before the holiday, and will be working the first shift after, she is eligible for both regular and premium stat pay.
To calculate her total stat pay:
- Regular wages earned in the last 4 weeks = $12 x 32 (8×4) hours = $384 + $15.36 (vacation pay, paid out per cheque)
- $399.36 / 20 = $19.97 in regular stat pay
PLUS
- 1.5 x ($12 x 8 hours) = $144 in premium pay
- In total, Jane will be paid $163.97 in statutory pay
After that long read, your thoughts on calculating statutory holiday could go two ways:
- "wow, I think I get it!" or
- "... I need to read that again."
If you've got it - awesome! If you haven't, automating payroll will save you a load of time.
For further information on automating stat holiday calculations, please contact Push Operations or download our handy ebook guide below!
This document is provided by Push Technologies Inc. ("Push Operations") for information purposes only. This is not an official or legal document and should not be taken as legal advice. Push Operations does not guarantee or warrant the accuracy or completeness of the information provided. For the most accurate and up-to-date information, please check with the proper governing authority.
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