Statutory holidays is the other name for public holidays in Ontario.  These are the days that are set aside to observe or celebrate special occasions. During these holidays employees are entitled to apply for a day off and receive stat holiday pay. These holidays are not a choice for an organization rather it is mandated by the Employment Standards Act (ESA) so that the workers can take a break from their regular duties. 

Through this guide, I will let you know some of the important things you should know about Statutory Holidays in Ontario. So, let’s get started!

List of  Statutory Holidays in 2024 Applicable to Employers

If you are not sure when you cna apply for Statutory Holidays in the year 2024, check 

this out!

Additional Non-Statutory Holidays in Ontario

Mentioned above are the top official statutory holidays in Ontario. But do you know? Apart from these, there are some employers in Ontario who even provide employees with some additional non-statutory days off. Yes, you read it right! There are still some generous employers who appreciate their worker’s efforts and award them with additional perks like these offs. These holidays include:

Employee Eligibility for Statutory Holiday Pay

To be eligible for statutory holiday pay in Ontario, an employee must meet the following criteria:

Employment Status: The employee must be an employee, not an independent contractor.

An employee is a person who works for an employer under a contract of employment.

• An independent contractor is a person who provides services to a client or customer under a contract of services.

•  To determine whether a worker is an employee or an independent contractor, it is necessary to consider several factors, including the degree of control the employer has over the worker’s work, the worker’s level of independence, and the nature of the relationship between the employer and the worker.

 

Length of Service: The employee must have been employed for at least five consecutive days immediately before the statutory holiday.

This means that the employee must have worked for the employer for at least five days in a row, without any breaks in service.

•  If an employee is absent from work for a reason other than illness or injury, this may break the continuity of their employment.

• However, if an employee is absent from work due to illness or injury, this will not break the continuity of their employment, provided that they provide the employer with a medical certificate.

 

Hours Worked: The employee must have worked at least 20 hours in the four weeks preceding the statutory holiday.

This means that the employee must have worked an average of at least 5 hours per week in the four weeks leading up to the statutory holiday.

• If an employee does not meet this requirement, they may still be entitled to statutory holiday pay if they have worked at least 20 hours in the two weeks preceding the statutory holiday.

• However, if an employee does not meet either of these requirements, they will not be entitled to statutory holiday pay.

The “First and Last Rule”

The “first and last rule” is a specific provision of the ESA that determines how statutory holiday pay is calculated if an employee works on a statutory holiday. It states that:

If employees work the entire day of a statutory holiday, they are entitled to double their regular pay for that day.

This means that the employee will receive twice their normal hourly wage for every hour worked on the statutory holiday.

• For example, if an employee’s regular hourly wage is $20 per hour and they work 8 hours on a statutory holiday, they will be entitled to $320 in statutory holiday pay ($20 per hour x 8 hours x 2).

If employees work part of a statutory holiday, they are entitled to their regular pay for the day, plus an additional amount equal to one-fifth of their regular daily wage.

This means that the employee will receive their normal daily wage, plus an additional 20% of their normal daily wage.

• For example, if an employee’s regular daily wage is $100 and they work 4 hours on a statutory holiday, they will be entitled to $120 in statutory holiday pay ($100 per day + $20 per day).

If employees do not work on a statutory holiday, they are entitled to a day’s pay, provided they meet the eligibility criteria.

This means that the employee will receive their normal daily wage for the statutory holiday, even if they do not work on that day.

• However, the employee must meet the eligibility criteria for statutory holiday pay, which means that they must have been employed for at least five consecutive days immediately before the statutory holiday and have worked at least 20 hours in the four weeks preceding the statutory holiday.

Additional Considerations

Scheduled Days Off: If a statutory holiday falls on an employee’s scheduled day off, they are generally not entitled to additional pay. However, the employer may choose to provide the employee with a floating holiday or other compensation.

• A floating holiday is an extra day of paid time off that the employee can take at a time that is convenient for them.

• Some employers may also choose to provide employees with a bonus or other form of compensation if a statutory holiday falls on their scheduled

Summing Up

By understanding the intricacies of statutory holidays in Ontario, employees can ensure they receive the benefits they are entitled to and employers can maintain compliance with labor laws. Knowing the specific holidays, eligibility criteria, and pay calculations empowers both parties to navigate these provisions effectively. Additionally, employees can plan their time off accordingly and employers can schedule their operations to minimize disruptions during these periods. 

Furthermore, it’s important to note that while the information provided in this guide is generally accurate, it’s always advisable to consult the Employment Standards Act (ESA) or seek professional advice for the most up-to-date and specific guidance on statutory holidays in Ontario