Statutory holidays are days on which qualified employees receive a day off with holiday pay. View the Employment Standards Act for detailed information on statutory holidays.
Will I get paid if I don't work on a statutory holiday?
If you meet the following criteria, you qualify to be paid for not working on a statutory holiday.
- You are employed 30 calendar days before the holiday.
- You must work your last scheduled shift before the holiday and your first scheduled shift after the holiday, unless your absence is permitted by the Employment Standards Act. This could include things like sick leave or a day off that you requested and were given.
- You are required to work on the holiday if called to work, but would be entitled to additional pay depending on whether you work regular hours and how you're paid. See the following section called Statutory holiday pay for employees to find out more.
Statutory holidays that fall on an employee's day off
If a statutory holiday falls on your day off, the first working day immediately following the holiday becomes your statutory holiday.
Statutory holiday pay for employees
The amount you are paid depends on whether you work regular hours and how you're paid.
Regular hourly rate
If you work regular hours and you're paid an hourly rate, you must be paid the equivalent of your regular rate of pay for your normal hours of work. For example, if you work 8 hours a day, and this never varies, you are entitled to 8 hours pay.
Regular monthly or weekly salary
If you work regular hours and you're paid a salary you must be given a day off without a reduction in your normal salary.
Commission or piece work
If you work regular hours and you're paid a commission or on a piece-work basis, you must be paid your average daily wage, exclusive of overtime or bonus, earned in the week of the holiday.
If you work less than the standard hours or you work irregular hours, you must be paid general holiday pay of 10% of the wages (excluding vacation pay) you earned for the hours worked in the 2 calendar weeks immediately prior to the week in which the holiday falls. This includes any overtime earned in that period.
Payment options for employees working on a statutory holiday
- You may be paid at the applicable overtime rate for all hours worked on the statutory holiday; or
- You may be paid at your regular rate for hours worked on the statutory holiday and be given a day off. This may be added to your annual vacation or you may be granted a day off at a time convenient to you and your employer.
Note: You are entitled to both general holiday pay and the applicable overtime if you work on the statutory holiday, even if you've worked for an employer for less than 30 days.
For questions about statutory holiday pay for employees email firstname.lastname@example.org or phone: 867-667-5944 or toll free in Yukon: 1-800-661-0408, ext. 5944.