May 21, 2012 is Victoria Day, a Canadian statutory holiday that honors Queen Victoria’s birthday.
To be eligible for statutory holiday pay an employee must have:
•been employed for 30 calendar days before the statutory holiday; and
•worked or earned wages on 15 of the 30 days before the statutory holiday.
Employees who work under an averaging agreement or a variance at any time in the 30 days before the holiday do not have to meet the 15-day requirement.
No pay for ineligible employees
An employee who is not eligible for statutory holiday pay is not entitled to be paid an average day’s pay. If an ineligible employee works on a statutory holiday he or she may be paid as if it were a regular work day.
Statutory holiday on a day off
When an employee is given a day off on a statutory holiday, or it falls on a regular day off, an eligible employee is entitled to be paid an average day’s pay.
An average day’s pay is calculated by dividing “total wages” earned in the 30 calendar days before the statutory holiday by the number of days worked. Vacation days taken during this period count as days worked.
“Total wages” includes wages, commissions, statutory holiday pay and vacation pay but does not include overtime pay.
Working on a statutory holiday
An eligible employee who works on a statutory holiday is entitled to be paid:
•time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours; plus
•an average day’s pay.
Substituting statutory holidays
An employer and a majority of employees can agree to substitute another day off for a statutory holiday. The Act and Regulation apply to the substitute day as if it were the statutory holiday.