Provincial Statutory Holiday Rules by Province

Provincial Statutory Holiday Guide

This guide will help you understand the provincial statutory holiday rules as they are set up within Ameego.

Click on the applicable link below to read the specifics your Province:

British Columbia

Statutory Holiday Pay Eligibility Requirements for British Columbia:

In order to qualify for statutory holiday pay, the employee must have:

  1. Been employed for at least 30 calendar days prior to the statutory holiday; and
  2. Worked or earned wages on at least 15 of the 30 days before the statutory holiday

** If an employee does not meet the statutory holiday pay eligibility requirements, they do not receive statutory holiday pay and are paid regular pay if they work on the statutory holiday.

** Some people think employees only need to work the day before and the day after to qualify for statutory holiday pay; this isn't the case in B.C.

Statutory Holiday Pay Calculation for British Columbia:

Statutory Holiday Pay = Total Wages / Days Worked

** The statutory holiday pay calculation is based on the 30 calendar days before the statutory holiday and the number of days worked includes vacation days and paid statutory holidays.

** Total wages includes regular pay, previously paid statutory holiday pay and vacation pay but excludes overtime and previously paid premium pay. 

Working on a Statutory Holiday in British Columbia:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at:

  1. Time and a half (1.5 x regular pay) on the first 12 hours worked
  2. Double time (2 x regular pay) for hours worked over 12 hours worked

** If an employee doesn't qualify for statutory holiday pay, they will not qualify for premium pay and are paid regular pay for working on a statutory holiday.

Source: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/statutory-holidays

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Alberta

Statutory Holiday Pay Eligibility Requirements: Requirements for Alberta:

In order to qualify for statutory holiday pay: 

  1. The employee must have worked their scheduled shift before and after the holiday unless employer consent is given for the absence;
  2. The employee must have worked on the general holiday if scheduled to do so;
  3. The employee must have been employed for at least 30 calendar days in the last 12 months prior to the statutory holiday; and
  4. The holiday must fall on a regular work day. For employees that work an irregular schedule, the 5 of 9 Rule is applied.

** The 5 of 9 rule is satisfied if the employee has worked on the same weekday on which the general holiday falls on for at least 5 out of the 9 weeks immediately preceding the statutory holiday. The 5 of 9 rule must be enabled manually through Ameego Support.

Statutory Holiday Pay Calculation for Alberta:

Statutory Holiday Pay = Gross Wages x 5%

** The statutory holiday pay calculation is based on the 4 weeks (28 days) before the statutory holiday.

** Gross wages includes regular pay, previously paid statutory holiday pay, previously paid holiday premium pay and vacation pay during the previous 4 weeks but excludes overtime pay.

Working on a Statutory Holiday in Alberta:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

** In lieu of premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off at the statutory holiday pay amount for that holiday. 

** Employees that do not meet the statutory holiday pay requirements are still entitled to premium pay for working on the statutory holiday.

** The hours worked on a statutory holiday do not count when calculating overtime hours worked for the week in which the holiday falls unless the election to be paid regular pay with an additional paid holiday is made.

Source: https://www.alberta.ca/general-holidays-pay.aspx

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Saskatchewan

Overtime in Saskatchewan:

Overtime is paid at time and a half when employees work more than 8 hours hours in a day or more than 40 hours in a week. For the purpose of calculating overtime, the employee's work "day" starts with the employee's first shift and ends 24 hours later. All hours worked within that 24-hour period count towards the overtime threshold.

 Statutory Holiday Pay Eligibility Requirements for Saskatchewan:

There are no eligibility requirements besides being employed at the time of the statutory holiday.

Statutory Holiday Pay Calculation for Saskatchewan:

Statutory Holiday Pay = Wages x 5%

** The statutory holiday pay calculation is based on the 4 weeks (28 days) before the statutory holiday.

** Wages include regular pay, previously paid statutory holiday pay, previously paid holiday premium pay and vacation pay during the previous 4 weeks but excludes overtime pay. 

** During a week with a statutory holiday, employees receive overtime after working 32 hours. The 32 hours does not include any hours worked on the statutory holiday.

Working on a Statutory Holiday in Saskatchewan:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

Sources:

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Manitoba

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay, the employee must have worked their last regularly scheduled shift before/after/on the public holiday unless the absence is excused (Last and First Rule).

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Gross Wages x 5%

** The statutory holiday pay calculation is based on the 4 weeks (28 days) before the statutory holiday.

** Gross wages includes regular pay and previously paid statutory holiday pay during the previous 4 weeks but excludes overtime pay, previously paid premium pay and vacation pay.

** The wages paid for a stat holiday are considered hours worked for the purposes of overtime and are included when calculating employees’ hours of work. 

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

** In lieu of premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off (within the next 30 days) at the statutory holiday pay amount for that holiday. The employer and employee can agree to extend the holiday in lieu of premium pay beyond the 30 days. Note: Days in lieu must be tracked outside of Ameego.

Source: 

MB News Releases: Employment Standards

MB Stat Holiday Fact Sheet

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Ontario

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay, the employee must have worked their last regularly scheduled shift before/after/on the public holiday unless the absence is excused (Last and First Rule).

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Regular Wages / 20

** The statutory holiday pay calculation is based on the 4 work week period before the week of the statutory holiday.

** Regular wages includes regular pay and vacation pay but excludes overtime, previously paid statutory holiday pay and previously paid premium pay.

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

** In lieu of premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off at the statutory holiday pay amount for that holiday.

Note: Days in lieu must be tracked outside of Ameego.

** Employees that do not meet the statutory holiday pay requirement (ie: the Last and First Rule) are still entitled to premium pay for working on the statutory holiday.

Source: https://www.ontario.ca/document/your-guide-employment-standards-act-0/public-holidays

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Quebec

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay, the employee must have worked their last regularly scheduled shift before and after the public holiday unless the absence is excused (Last and First Rule).

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Regular Wages / 20

** The statutory holiday pay calculation is based on the 4 work week period before the week of the statutory holiday.

** Regular wages includes regular pay, previously paid statutory holiday pay and reported tips but excludes overtime pay. Reported tips are prorated for regular hours in weeks with overtime hours.

** Statutory holiday hours (attributed to statutory holiday pay) are included in total hours when calculating weekly overtime; however, hours for working on a statutory holiday are excluded. 

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid regular pay for all hours worked. Hours worked on a statutory holiday are not included in weekly hours worked for the purpose of calculating overtime.

** In lieu of receiving statutory holiday pay, employees can elect to receive a paid day off at the statutory holiday pay amount for that holiday. The paid day off must be taken within three weeks of the statutory holiday unless a collective agreement provides for a longer period.

Note: Days in lieu must be tracked outside of Ameego.

Source: https://www.cnesst.gouv.qc.ca/en/working-conditions

http://legisquebec.gouv.qc.ca/fr/showdoc/cs/N-1.1?langCont=fr#ga:l_iv-gb:l_iii-h1

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New Brunswick

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay: 

  1. The employee must have been employed for at least 90 calendar days, during the 12 months, prior to the statutory holiday;
  2. The employee must have worked their scheduled shift before and after the holiday unless employer consent is given for the absence;
  3. The employee must have worked on the general holiday if scheduled to do so unless employer consent is given for the absence;

** If an employee does not meet the statutory holiday pay eligibility requirements (ie: 90 days of employment, etc.), they do not receive statutory holiday pay, however they are still entitled to receive premium pay for working on the statutory holiday.

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Regular hours worked / days worked x regular hourly wage

** The statutory holiday pay calculation is based on the average regular hours worked (excludes overtime) per shift in the last 30 days period before the statutory holiday.

** In lieu of paying statutory holiday pay, the employer has the option of paying the employee an additional four percent (4%) of all of the employee’s gross wage on each cheque. Under this election, gross wages include regular pay, overtime and previously paid statutory holiday pay.

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

** In lieu of premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off in lieu, at the statutory holiday pay amount for that holiday. The substituted day must be taken by the employee no later than the employee’s next vacation period and should be recorded as a public holiday in the employer’s payroll records.

Note: Days in lieu must be tracked outside of Ameego.

Source: https://www2.gnb.ca/content/dam/gnb/Departments/petl-epft/PDF/es/FactSheets/PublicHolidaysVacation.pdf

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Prince Edward Island

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay: 

  1. The employee must have been employed by the employer for at least 30 calendar days prior to the statutory holiday;
  2. The employee must have earned pay on at least 15 of the 30 calendar days before the holiday; and
  3. The employee must have worked their scheduled shift before and after the holiday unless told not to report for their shift by the employer;

** If an employee does not meet the statutory holiday pay eligibility requirements, they do not receive statutory holiday pay, however they are still entitled to receive premium pay for working on the statutory holiday.

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Total hours worked / days worked x regular hourly wage

** The statutory holiday pay calculation is based on the hours worked in the last 30 days period before the statutory holiday.

** An employee who qualifies for statutory holiday pay but is not normally scheduled to work the day the holiday falls on, is entitled to another day off with pay.

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

** In lieu of premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off in lieu, at the statutory holiday pay amount for that holiday. The day in lieu must be taken by the employee no later than the employee’s next paid vacation. Note: Days in lieu must be tracked outside of Ameego.

Source: https://www.princeedwardisland.ca/en/information/economic-growth-tourism-and-culture/paid-holidays

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Nova Scotia

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay: 

  1. The employee must be entitled to receive pay for at least 15 of the 30 calendar days before the holiday; and
  2. The employee must have worked their scheduled shift before and after the holiday unless told not to report for their shift by the employer;

** To satisfy the first requirement, entitled to receive pay does not mean an employee needs to have worked for 15 out of 30 days. For example, if an employee is sick and the employer has a paid sick time policy, or if the employee is attending a course and is being paid wages for attending, or if the employee has recently taken vacation time, the employee may still qualify for the paid holiday.

** If an employee does not meet the statutory holiday pay eligibility requirements, they do not receive statutory holiday pay, however they are still entitled to receive premium pay for working on the statutory holiday.

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Total hours worked / days worked x regular hourly wage 

** The statutory holiday pay calculation is based on the hours worked (regular, overtime and premium pay hours) in the last 30 days period before the statutory holiday.

** An employee who qualifies for statutory holiday pay but is not normally scheduled to work the holiday fall on, is entitled to another day off with pay.

Working on a Statutory Holiday:

In addition to statutory holiday pay, employees that work on a statutory holiday are paid premium pay at time and a half (1.5 x regular pay) for all hours worked.

Source: https://novascotia.ca/lae/employmentrights/holidaypay.asp

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Newfoundland

Statutory Holiday Pay Eligibility Requirements:

In order to qualify for statutory holiday pay: 

  1. The employee must have been employed by the employer for at least 30 calendar days prior to the statutory holiday; and
  2. The employee must have worked their scheduled shift before and after the holiday unless told not to report for their shift by the employer;

** If an employee does not meet the statutory holiday pay eligibility requirements, they do not receive statutory holiday pay, however they are still entitled to receive premium pay for working on the statutory holiday.

Statutory Holiday Pay Calculation:

Statutory Holiday Pay = Total hours worked / days worked x regular hourly wage

** The statutory holiday pay calculation is based on all hours worked (regular, overtime and premium pay hours) in the last 21 days period before the statutory holiday.

** An employee who qualifies for statutory holiday pay but is not normally scheduled to work the holiday fall on, is entitled to another day off with pay. The paid day off should be either the first working day immediately after the public holiday or another day mutually agreed to by the employee and employer.

Working on a Statutory Holiday:

If an employee works a statutory holiday, they are not entitled to receive statutory holiday pay. Instead, employees are paid premium pay at twice their regular rate (2 x regular wage) for all hours worked.

** Instead of receiving premium pay for working on a statutory holiday, employees can elect to be paid regular pay for all hours worked plus an additional day off in lieu, at the statutory holiday pay amount for that holiday.

Note: Days in lieu must be tracked outside of Ameego.

Source: https://www.gov.nl.ca/ecc/files/Publications_Labour_Relations_At_Work_Updates_April-2022.pdf

 

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