Canadian Payroll Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2016 CPR | June 2016 MANAGER OF CARSWELL'S PAYROLL CONSULTING GROUP annie.chong@thomsonsreuters.com | (416) 298-5085 Annie Chong ASK AN EXPERT Employees who fail to work on a holiday QUESTION: What are our statutory holiday pay obligations to an employee who fails to work on a statutory holiday that is normally a work day after he agreed to do so? The employee would otherwise qualify for statutory holiday pay. ANSWER: The answer depends on where the employee works since statutory holidays are governed by provincial/territorial em- ployment standards laws and the Canada Labour Code for federally regulated work- ers. In most jurisdictions, employees are not elgible to be paid for a statutory holiday if they fail to work on the holiday after having agreed to or been required to work. Here is a brief look at provincial/terri- torial and Canada Labour Code require- ments: Canada Labour Code: Employees who work in a continuous operation are not eli- gible for statutory holiday pay if they fail to report for work when requested to do so or make themselves unavailable for work when their employment conditions require that they be available or allow them to make themselves unavailable. Alberta: Employees are not eligible for statutory holiday pay if they do not work on the holiday when scheduled or required to do so by their employer. British Columbia: The Employment Standards Act does not address this issue. Manitoba: Employees are not eligible for statutory holiday pay if they do not report for work on a holiday after being required or scheduled to do so unless they had the em- ployer's consent to be absent. New Brunswick: Employees are not eli- gible for statutory holiday pay if they have agreed to work the holiday and fail to show up without reasonable cause. Newfoundland and Labrador: The La- bour Standards Code does not address this issue. Northwest Territories: Employees are not eligible for statutory holiday pay if they do not report for work on the holiday after being requested to do so. Nova Scotia: Employees who work in a continuous operation are not eligible for statutory holiday pay if they fail to report to work after being asked to do so. Nunavut: Employees are not eligible for statutory holiday pay if they do not report for work on the holiday after being requested to do so. Ontario: Employees are not eligible for statutory holiday pay if they agree to work on a statutory holiday, but fail to do any of the work, unless they have reasonable cause. If the employee has reasonable cause, the employee's compensation for the holiday will depend on the in-writing arrangements the employer and the employeee made when the employee agreed to work on the holiday. If the employee agreed to be paid regular wages for the holiday plus another day off with holiday pay, the employer does not have to pay the employee wages for hours worked on the holiday (since the employee did not work), but it must provide the employee with the day off with statutory holiday pay. If the employee agreed to be paid staturoy holiday pay plus 1.5 times his or her regular rate for hours worked on the holiday, the employer does not have to pay the employee wages for the hours worked on the holiday (since the employee did not work), but it must pay the employee statutory holiday pay. If an employee does some of the work they agreed to do on the holiday, but not all of it, without reasonable cause, they are not en- titled to statutory holiday pay or a substitute day off; however the employer has to pay the the employee 1.5 times his or her regular rate for the hours worked on the holiday. If an employee who has agreed to work on the statutory holiday performs only some of the work he or she agreed to do on that day, but has reasonable cause for doing only some of it, the employee is entitled to be paid regular wages for each hour worked on the statutory holiday and to be given a substitute day off with statutory holiday pay or, if the employee and employer agreed in writing, the employer may statutory holiday pay plus 1.5 times the employee's regular hourly rate for each hour worked on the holiday. Prince Edward Island: Employees are not eligible for statutory holiday pay if they agree to work on the holiday and then fail to show up without reasonable cause. Quebec: The Act respecting labour stan- dards does not address this issue. Saskatchewan: The Saskatchewan Em- ployment Act does not address this issue. Yukon: Employees are not eligible for stat- utory holiday pay if they do not report for work on the holiday after having been asked to do so. Holiday pay for work in continuous operations QUESTION: Our employer runs a continuous operation that requires work on statutory holidays. The employees are not part of a collective agreement. What are the rules when they work a statutory holiday they're otherwise eligible to take off with pay? ANSWER: Statutory holidays are governed by provincial/territorial employment stan- dards laws and the Canada Labour Code for federally regulated workers, as the following chart shows: Canada • stat holiday pay plus 1.5 times the regular rate for time worked, or Labour • regular rate for time worked plus a day with pay at a time Code suitable for both the employer and the employee, or • regular rate plus holiday pay for the first day on which the employee does not work after the holiday if provided for in a collective agreement Alberta • average daily wages plus 1.5 times regular rate for each hour worked or • regular wage rate for each hour worked plus a day off with pay on a day normally worked not later than the employee's next annual vacation British • average day's pay plus 1.5 times the employee's regular rate for the first 12 hours Columbia worked and double time for hours worked in excess of 12 Manitoba • regular wages for the time worked on the holiday plus a day off, with holiday pay, on another day normally worked within 30 days or longer if employee agrees, as long as it is before next annual vacation New • regular daily wages plus 1.5 times regular rate for the hours worked or Brunswick • regular daily wages plus day off with pay after next vacation or agreed upon date Newfoundland • double the wages employee would earn for working if a normal working day, or and Labrador • an additional day off with pay taken within 30 days after the statutory holiday, or • an additional paid vacation day Northwest • statutory holiday pay plus 1.5 times the employee's date or Territories • statutory holiday pay plus day off with pay not later than next annual vacation or termination of the employment, whichever occurs first Nova Scotia • statutory holiday pay plus 1.5 times regular rate for the hours worked or • regular wages for the hours worked plus a day off with pay on the first working day after the employee's vacation or on a mutually agreed upon day Nunavut • regular daily wages plus 1.5 times regular rate for the hours worked or • regular wages for the hours worked plus a day off with pay not later than the next annual vacation or termination of the employment, whichever occurs first Ontario • regular wages for hours worked on the holiday plus substitute day off with statutory holiday pay or • statutory holiday pay plus 1.5 times the employee's regular hourly rate for each hour worked on the statutory holiday Prince Edward • regular daily wages plus 1.5 times regular rate for the hours worked or Island • regular wages for the hours worked plus a day off with pay (agreed to by the employer and the employee) not later than the employee's next annual vacation Quebec • statutory holiday pay plus the employee's regular rate for the hours worked or • regular rate for the hours worked plus a day off with statutory holiday pay within three weeks before or after the holiday Saskatchewan • regular wage rate plus 1.5 times regular rate for the hours worked or • 1.5 times the employee's regular rate for the hours worked plus a day off with pay within four weeks Yukon • statutory holiday pay plus 1.5 times the employee's regular rate for the hours worked on the day or • regular rate of pay for the hours worked plus a day off with pay

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