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Ontario statutory holiday - pay

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  • Jan 12th, 2018 5:14 pm
[OP]
Deal Addict
Nov 28, 2013
1071 posts
332 upvotes
London, ON

Ontario statutory holiday - pay

Not sure where to post or ask.. if you guys have info on this..

I have tried to get to the labour board to ask but still no reply.

So majority of my days off are always on stat days...

there is some info here at https://www.ontario.ca/document/your-gu ... c-holidays <-- are these rules companies must follow or they are just guidelines ?
11 replies
Deal Fanatic
User avatar
Mar 9, 2007
8833 posts
3316 upvotes
Toronto
Higher seniority usually gets to work on stat holidays. Are you with the company for a long time?

WOULD SOMEBODY THINK OF THE CHILDREN!!!
[OP]
Deal Addict
Nov 28, 2013
1071 posts
332 upvotes
London, ON
Well,

They say they pay us a premium for stat days .. but when i look at my stub , it just has my regular wage that I get.. I don't see any bonus or added premium pay.

According to ontario.ca it says that i can write to them and request that I get a substitute day + the stat pay.. but they tell me I can't do that because their " work guidance package when hired say they pay premium ..

Like example.. Monday news years I had a day off, but also fell on a holiday right.. if they meant premium like 3-4 dollars extra hours cool stuff, but nope.. So i'd rather inform them in writing that I'd prefer a substitute day + the pay as the ontario.ca webiste.
Newbie
Sep 23, 2010
98 posts
48 upvotes
T Dot
Not sure what you're asking as your initial post says "So majority of my days off are always on stat days"
Did you mean days on (i.e. working)? If working on the holiday then yes you should have premium pay at minimum time-and-a-half (some generous employers pay higher than this) in addition to holiday pay

If you are actually not working on a public holiday than it's basically an average of the previous four work weeks divided by 20 before the holiday, assuming you worked your regular days before and after
other public holiday info
Deal Addict
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Dec 27, 2009
4627 posts
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Ottawa, ON
aquaman123 wrote:
Jan 12th, 2018 2:18 pm
Not sure what you're asking as your initial post says "So majority of my days off are always on stat days"
Did you mean days on (i.e. working)? If working on the holiday then yes you should have premium pay at minimum time-and-a-half (some generous employers pay higher than this) in addition to holiday pay

If you are actually not working on a public holiday than it's basically an average of the previous four work weeks divided by 20 before the holiday, assuming you worked your regular days before and after
other public holiday info
They have changed this calculation in Ontario as of 2018.
[OP]
Deal Addict
Nov 28, 2013
1071 posts
332 upvotes
London, ON
I think you guys are misunderstanding ..

Monday January 1st was a stat day... but that is my regular day off as well.

Instead of giving me a substitute day off with state, they claim they are giving me a premium pay .. but when i look at my pay stab I don't see anything premium but the regular pay i get.

This part
When a public holiday falls on an employee's non-working day or during an employee's vacation
When a public holiday falls on a day that is not ordinarily a working day for an employee, or during the employee's vacation, the employee is entitled to either:

a substitute holiday off with public holiday pay;
or
public holiday pay for the public holiday, if the employee agrees to this electronically or in writing (in this case, the employee will not be given a substitute day off).
Newbie
Sep 23, 2010
98 posts
48 upvotes
T Dot
Chickinvic wrote:
Jan 12th, 2018 2:30 pm

They have changed this calculation in Ontario as of 2018.
Darn, good to know. Thanks.
sk1001 wrote:
Jan 12th, 2018 2:35 pm
I think you guys are misunderstanding ..

Monday January 1st was a stat day... but that is my regular day off as well.

Instead of giving me a substitute day off with state, they claim they are giving me a premium pay .. but when i look at my pay stab I don't see anything premium but the regular pay i get.

This part
If it's your regular day off then you don't get premium pay or a day off in lieu. You only get holiday pay.

Most employees who qualify are entitled to take these days off work and be paid public holiday pay.

Alternatively, the employee can agree electronically or in writing to work on the holiday and be paid:

public holiday pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a “substitute” holiday);
or
be paid their regular wages for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.
[OP]
Deal Addict
Nov 28, 2013
1071 posts
332 upvotes
London, ON
aquaman123 wrote:
Jan 12th, 2018 2:45 pm
Darn, good to know. Thanks.


If it's your regular day off then you don't get premium pay or a day off in lieu. You only get holiday pay.

Most employees who qualify are entitled to take these days off work and be paid public holiday pay.

Alternatively, the employee can agree electronically or in writing to work on the holiday and be paid:

public holiday pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a “substitute” holiday);
or
be paid their regular wages for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.
what you quoted contradicts what i quoted. which has nothing to do with a day off on a day off on a stat day.. you are quoting working on that day.
When a public holiday falls on an employee's non-working day or during an employee's vacation
When a public holiday falls on a day that is not ordinarily a working day for an employee, or during the employee's vacation, the employee is entitled to either:

a substitute holiday off with public holiday pay;
or
public holiday pay for the public holiday, if the employee agrees to this electronically or in writing (in this case, the employee will not be given a substitute day off).
When a public holiday falls on an employee's non-working day or during an employee's vacation - my day off is a non working day . therefore i could quality for a subsitute holiday off with public holiday pay
When a public holiday falls on a working day but the employee does not work

Most employees have the right to get the public holiday off and get paid public holiday pay. (Some employees may be required to work on a public holiday. See “Special rules for certain industries” later in this chapter.)
https://www.ontario.ca/document/your-gu ... #section-7

- So my understand is two choices according to this Since it is already my day Off - either get paid the stat day or get a substitute day with pay. that is what it says right on that website
Newbie
Sep 23, 2010
98 posts
48 upvotes
T Dot
It took me a while to wrap my head around everything but I think I get it now.
Summary is: you get one holiday day off with public holiday pay.

In your situation, for Jan 1 2018 it would be either:
-Jan 1 not working, but considered public holiday so you get public holiday pay for Jan 1. No future substitute day.

-Jan 1 not working, but not considered public holiday (i.e. a regular weekend/non-working day) and you get nothing for it as usual plus no public holiday pay. You get another substitute day, let's say Jan 17. You do not work Jan 17 (but you normally would), and it is considered the substitute day, a public holiday, and paid holiday pay for Jan 17.

I think that agrees with what you're saying?
sk1001 wrote:
Jan 12th, 2018 3:29 pm
what you quoted contradicts what i quoted. which has nothing to do with a day off on a day off on a stat day.. you are quoting working on that day.



When a public holiday falls on an employee's non-working day or during an employee's vacation - my day off is a non working day . therefore i could quality for a subsitute holiday off with public holiday pay



https://www.ontario.ca/document/your-gu ... #section-7

- So my understand is two choices according to this Since it is already my day Off - either get paid the stat day or get a substitute day with pay. that is what it says right on that website
[OP]
Deal Addict
Nov 28, 2013
1071 posts
332 upvotes
London, ON
aquaman123 wrote:
Jan 12th, 2018 3:58 pm
It took me a while to wrap my head around everything but I think I get it now.
Summary is: you get one holiday day off with public holiday pay.

In your situation, for Jan 1 2018 it would be either:
-Jan 1 not working, but considered public holiday so you get public holiday pay for Jan 1. No future substitute day.

-Jan 1 not working, but not considered public holiday (i.e. a regular weekend/non-working day) and you get nothing for it as usual plus no public holiday pay. You get another substitute day, let's say Jan 17. You do not work Jan 17 (but you normally would), and it is considered the substitute day, a public holiday, and paid holiday pay for Jan 17.

I think that agrees with what you're saying?


This part here:

-Jan 1 not working, but not considered public holiday (i.e. a regular weekend/non-working day) and you get nothing for it as usual plus no public holiday pay. You get another substitute day, let's say Jan 17. You do not work Jan 17 (but you normally would), and it is considered the substitute day, a public holiday, and paid holiday pay for Jan 17.

So every monday I have off.. But instead of giving me a substitute day with stat pay... they are telling me they are giving me a premium pay for that stat day Jan 1st.. but when i look at my holiday pay i don't see anything premium about it.. I just see the regular amount i get paid hourly...

According to the labour board people i can in writing tell them that I want a sub day with stat pay but they are telling me i can't do that , yet the government states I can as it doesn't fall under a certain category of job listings or something
Newbie
Sep 23, 2010
98 posts
48 upvotes
T Dot
It looks like there are two issues:

1) "So every monday I have off.. But instead of giving me a substitute day with stat pay... they are telling me they are giving me a premium pay for that stat day Jan 1st.. but when i look at my holiday pay i don't see anything premium about it.. I just see the regular amount i get paid hourly... "
I think this may be a matter of language your employer is using - you only get premium pay if you actually work during a holiday. In your situation you get regular holiday pay, since it's your usual day off. This is at your usual pay rate.

2)According to the labour board people i can in writing tell them that I want a sub day with stat pay but they are telling me i can't do that , yet the government states I can as it doesn't fall under a certain category of job listings or something
Can't really speak to this, it depends on your employer, job, you and other factors. If there's a valid reason then your employer should at least consider your request if it doesn't impact business.
Did you present a documented written/e-request with valid reasoning (other than getting two days off Face With Stuck-out Tongue And Tightly-closed Eyes j/k) and have it formally denied? If so you might want to consider contacting the LRB to see what your options are.

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