In Canada, different rules govern statutory holidays as a result of provincial and federal laws. The government assigns these statutory holidays days to celebrate special occasions or events. So what happens if a Stat Holiday falls on a weekend?
Generally, there are quite a few statutory holidays in Canada; some are national while others are provincial holidays. In addition, some of the provincial holidays are unique to a particular province in Canada.
According to Canada Employment Law, every employee in Canada has a right to take the day off with pay. However, this is a general ruling that comes with exceptions and eligibility requirements.
Stat Holiday on a Weekend
Not every statutory holiday falls on a weekday, and every province in Canada has rules detailing what happens when a statutory holiday falls on a weekend. In most provinces, employers issue their employees a substitute holiday with holiday pay.
In addition, the substitute day must fall when the employee usually works. Note that this day must fall within a specific timeframe. Every federally regulated employer must give their employees either the working day preceding or following the statutory holiday.
However, for other holidays that fall on a non-working day, your employer may issue a substitute holiday with pay on any day that is mutually convenient. Alternatively, your employer can add the day to your annual vacation.
Nonetheless, the Canadian labour code defines some holidays to always fall on a weekday. For instance, the Canadian law has designed Victoria Day to fall on the last Monday preceding May 25. This is to ensure that the holiday falls on a working day for most employees.
Provincial Stat Holiday on Weekends
Employers must provide a substitute holiday with pay in some provinces if the holiday falls during the employee’s vacation. However, not all provinces require that an employer provide a substitute holiday with pay or holiday pay in lieu.
Other holidays such as Christmas Day are assigned to be celebrated on Monday if they happen to fall on Sunday in some provinces. Still, in most provinces and for most holidays, the holiday is celebrated on the same day regardless of whether it is a regular workday or not.
Stat Holiday on Weekends in Manitoba/Nova Scotia
Provinces like Manitoba and Nova Scotia usually specify when the substitute holiday is observed if it falls on a non-working day. For instance, in Manitoba, if a Stat holiday falls on a Saturday or Sunday that is not a working day, your employer must designate the next regularly scheduled workday, usually a Monday, as a substitute holiday.
Similarly, the rule mentioned above also applies to eligible workers in Nova Scotia.
Stat Holiday on Weekends in Ontario/Quebec
However, in Ontario, employers must schedule substitute holidays within three months of the holiday date. Unless the employee consent in writing to the substitute holiday being scheduled within 12 months.
The Ontario law allows employers to designate either a day before or after the public holiday as the substitute holiday. However, in Quebec, employees do not require a substitute holiday for most holidays that fall on a non-working day.
Nonetheless, both the employer and employee must agree on a substitute holiday if the Stat. holiday falls during the employee’s annual vacation.
Summarily, most provinces in Canada have provisions for statutory holidays that fall on a weekend. However, it is crucial to review the payment procedure to ensure you are accurately being paid.
Note that most provinces in Canada require that an employee receive holiday pay even if they do not receive a substitute holiday. Thus, the employer will calculate the employee’s holiday pay by averaging their earnings during a recent employment period.
Conclusively, both parties should pay attention to pay stubs and consider payment requirements per company policy for all statutory holidays.