use our quick calculator to estimate.
Public holidays are a key part of employee rights in Ontario, offering well-deserved breaks or extra pay for those working on these days. Here’s a simple breakdown of what you need to know under the Employment Standards Act (ESA).
What Are Public (Statutory) Holidays?
Statutory holidays are public holidays established by law, giving eligible employees the right to a day off with pay. If the holiday falls on a weekend, the following workday is typically observed as the holiday. Each province in Canada recognizes specific holidays, with some being universal and others unique.
Statutory Holidays in Ontario:
Holiday | Date |
New Year’s Day | January 1st |
Family Day | Third Monday in February |
Good Friday | Friday before Easter Sunday |
Victoria Day | Monday before May 25th |
Canada Day | July 1st |
Labour Day | First Monday in September |
Thanksgiving Day | Second Monday in October |
Christmas Day | December 25th |
Boxing Day | December 26th |
Note: Civic Holiday is not considered a statutory holiday in Ontario.
Eligibility for Statutory Holiday Pay Ontario
Most employees qualify for statutory holiday pay, regardless of employment type (full-time, part-time, or temporary). However, there are exceptions:
Last and First Rule: Employees must work their last scheduled shift before and their first scheduled shift after the holiday unless they have a reasonable cause for absence.
Employees who fail to work their agreed-upon holiday shift without reasonable cause.
How to Calculate Statutory Holiday Pay Ontario
Statutory holiday pay is calculated using the formula:
Public Holiday Pay = (Regular Wages + Vacation Pay) ÷ 20
Where:
Regular Wages: Total wages earned in the four weeks before the week of the public holiday.
Vacation Pay: Vacation pay payable to the employee for the same four-week period.
Steps to Calculate:
Regular Wages: Sum up all regular wages earned in the four weeks preceding the holiday week. Exclude overtime and premium pay.
Vacation Pay: Include any vacation pay earned or paid in the same four-week period.
Divide by 20: The result is the holiday pay entitlement.
Examples of Public Holiday Pay Calculation
1. Full-Time Employee Alice works full-time at $130/day and did not take vacation.
Regular Wages: $130/day × 5 days/week × 4 weeks = $2,600
Vacation Pay: $0 (no vacation taken)
Holiday Pay: ($2,600 + $0) ÷ 20 = $130
Alice’s holiday pay: $130
2. Part-Time Employee Bob works part-time at $110/day, 4 days/week, with no vacation.
Regular Wages: $110/day × 4 days/week × 4 weeks = $1,760
Vacation Pay: $0 (no vacation taken)
Holiday Pay: ($1,760 + $0) ÷ 20 = $88
Bob’s holiday pay: $88
3. Employee Paid Vacation Each Paycheque David earns $160/day, 5 days/week, with vacation pay at 4%.
Regular Wages: $160/day × 5 days/week × 4 weeks = $3,200
Vacation Pay: $3,200 × 4% = $128
Holiday Pay: ($3,200 + $128) ÷ 20 = $166.40
David’s holiday pay: $168
Working on a Public Holiday
If an employee agrees to work on a statutory holiday, there are two compensation options:
Premium Pay: 1.5x the regular pay rate in addition to holiday pay.
Substitute Holiday: A day off with holiday pay scheduled within 3 months (or up to 12 months by agreement).
Example:
Rick works at $17/hour for 8 hours/day. He worked on a statutory holiday and earned premium pay.
Holiday Pay: ($17 × 8 hours) × 5 days/week × 4 weeks = $2,720
Vacation Pay: $0
Public Holiday Pay: $2,720 ÷ 20 = $136
Premium Pay: $17 × 1.5 = $25.50 × 8 hours = $204
Total Pay: $136 (holiday pay) + $204 (premium pay) = $340
Labour Standards for Statutory Holidays in Ontario
Employers must inform employees in writing if they need to work on a holiday.
Substitute holidays must be scheduled within three months unless agreed otherwise.
Employees on leave for the four-week period before a holiday are not entitled to holiday pay.
FAQs About Statutory Holiday Pay in Ontario
1. How is statutory holiday pay calculated in Ontario?
The formula is:(Regular Wages + Vacation Pay Payable) ÷ 20This calculation considers earnings and vacation pay from the four weeks prior to the week the holiday falls on.
2. Who is eligible for statutory holiday pay in Ontario?
Most employees, including full-time, part-time, and temporary workers, are eligible. To qualify, employees must:
Work their scheduled shifts before and after the holiday unless they have a valid reason (e.g., illness).
Agree to work on the holiday if required and fulfill their scheduled hours.
3. What happens if I work on a statutory holiday in Ontario?
Employees who work on a statutory holiday are entitled to:
Premium Pay: 1.5 times their regular hourly rate for hours worked.
Statutory Holiday Pay in addition to premium pay.
Alternatively, a substitute holiday may be offered with statutory holiday pay.
4. What if a statutory holiday falls on a weekend?
If a statutory holiday falls on a weekend, employers typically observe the holiday on the next business day. Alternatively, employees may receive another day off with statutory holiday pay.
5. Are vacation pay and statutory holiday pay related in Ontario?
Yes, vacation pay is included in the calculation of statutory holiday pay. If vacation pay is paid out with regular wages, it must still be factored into the four-week total used to calculate holiday pay.
6. Are there exceptions to eligibility for statutory holiday pay in Ontario?
Yes, employees may not qualify if they:
Fail to work their last scheduled shift before or their first scheduled shift after the holiday without a valid reason.
Agree to work on the holiday but do not fulfill their scheduled hours.
References
Ontario Government - Public Holidays Provides a detailed guide to public holidays in Ontario, including the list of holidays, employee entitlements, and employer responsibilities.
Ontario Ministry of Labour The official resource for employment standards, including tools and resources to help employers and employees understand labor laws.
Canada Labour Code Outlines public holiday regulations for federally regulated workplaces, which may apply to certain industries in Ontario.
Ontario WSIB Offers guidance on workplace safety, insurance, and statutory holiday compliance for employers and employees.