![]() ![]() If a collective agreement contains any provisions about statutory holidays that meet or exceed the requirements of Part 5, those provisions of the collective agreement replace the Act’s requirements for employees covered by the agreement. If the employee is eligible for the statutory holiday in accordance with s.44, the employee would be entitled to an average day’s pay in accordance with s.45 of the Act.Įmployees covered by a collective agreement ![]() If a statutory holiday to which an employee is entitled falls during a period of vacation, their vacation time or pay should not be reduced as a result of the statutory holiday. The statutory holiday falls during an annual vacation If the statutory holiday falls on an employee’s day off, the employer is not required to give another day off. ![]() Statutory holiday pay received for Christmas Day (8 hours x $15.00): $120.00ĭivided by 20 (days worked and Christmas Day statutory holiday pay earned) Wages earned on 19 working days: $2,280.00 The employee is entitled to be paid the following for January 1: worked or earned wages in at least 15 of the 30 calendar days preceding the statutory holiday (The employee worked 19 eight-hour shifts in the 30 calendar days preceding New Year’s Day plus they were entitled to an average day’s pay for Christmas Day.).been employed at least 30 calendar days before the statutory holiday and.Although the employee doesn't perform any work on this day, they're entitled to a paid statutory holiday because they have: January 1, New Year’s Day (a statutory holiday), falls on Thursday, their day off. This would include days of paid annual vacation, paid sick days required by this Act, or other paid statutory holidays that occur in the 30 calendar days prior to the statutory holiday.Īn employee works in the hospitality industry and has normally scheduled days off on Thursday and Friday. “Days worked” includes, for the purposes of this section, any days when wages were earned.Payments from benefit plans are not considered wages for the purposes of this section. “Amount paid” includes regular wages, commissions, statutory holiday pay, annual vacation pay, and sick pay required by this Act, but does not include overtime pay.Part 5, Statutory Holidays refers to “calendar days” and therefore if the shift straddling midnight ends on the 30th calendar day preceding the statutory holiday the time worked on that calendar day will be considered part of the 30 calendar day period.Īn average day’s pay is calculated by dividing the amount paid or payable in the 30 calendar days before the statutory holiday by the number of days worked, as noted below: In both cases, even if no work is actually performed on the statutory holiday, the employee is entitled to an average day’s pay. This applies whether the statutory holiday falls on the employee’s working day or if the employee has the statutory holiday off work. They are entitled to be compensated in the same manner as any other working day.Īn employee who is entitled to a statutory holiday in accordance with s.44 must be paid at least an average day’s pay. (2) The average day's pay provided under subsection (1) applies whether or not the statutory holiday falls on the employee's regularly scheduled day off.Īn employee who is not eligible for a statutory holiday under s.44 of the Act is not entitled to statutory holiday pay whether or not the statutory holiday is worked. Is the number of days the employee worked or earned wages within that 30 calendar day period. Is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the statutory holiday, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, and (1) An employee who is given a day off on a statutory holiday, or is given a day off instead of the statutory holiday under section 48, must be paid an amount equal to at least an average day's pay determined by the formula This section explains how pay for a statutory holiday is calculated for employees who are either given a day off on a statutory holiday or given a different day off instead of the statutory holiday.Ĥ5. ![]()
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