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Ontario|Employment LawRules for Most Employees in Ontario: Employment Standards Act 587 Pay for public holidays Most employees in Ontario are entitled to paid time off for public holidays. There are 8 public holidays for employees under the Employment Standards Act. They are: 1) New Year's Day, 2) Good Friday, 3) Victoria Day, 4) Canada Day, 5) Labour Day, 6) Thanksgiving Day, 7) Christmas Day, and 8) Boxing Day. However, an employee will not get paid for a public holiday if they have been working for less than three months, if they have not worked 12 or more days during the last four weeks, if they have not worked the scheduled shift before or after the holiday, or if they are a freelancer who is not obliged to work when called in.
- Employee's rights: time-off or extra pay
If an employee is asked to work on a public holiday, normally the employer must either pay the employee two and a half times their wages, or pay the employee time and a half for the day and give the employee another day off. If the public holiday falls on a day when the employee usually does not work, then the employer is required to give the employee a day off at some other time, or with the employee's union's consent, pay the regular wages for that public holiday.
- Religious holidays
Under the law, the rules for public holidays do not apply to personal religious holidays. Employees do not have the right under the Employment Standards Act to refuse work on their religious holidays. However, if they do and are punished or fired for not working on a religious holiday, it may be considered discrimination and they can complain to the Human Rights Commission. This number is listed in the Blue pages of your telephone book.
For additional information about public holidays, you can call the Employment Standards office listed in the Blue pages of your telephone book. If you need legal assistance, contact a lawyer.
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