Stat Holidays Ontario 2024: Dates, Pay, and Rules

Introduction

Statutory holidays, or public holidays, are special days when most employees in Ontario get a paid day off, subject to ESA coverage, exemptions and special rules. There are nine statutory holidays in Ontario. Qualifying employees working on these days get either premium pay plus holiday pay or regular pay plus a substitute day off with holiday pay (see agreed options below).

List of 2024 Statutory Holidays in Ontario

The following holidays are recognized as statutory holidays in Ontario:

• New Year’s Day—January 1
• Family Day—February 19 (third Monday in February)
• Good Friday—March 29 (Friday before Easter Sunday)
• Victoria Day—May 20 (Monday before May 25)
• Canada Day—July 1
• Labour Day—September 2 (first Monday in September)
• Thanksgiving Day—October 14 (second Monday in October)
• Christmas Day—December 25
• Boxing Day—December 26

These are not Ontario ESA public holidays; the last two are general holidays for federally regulated employees:

• Easter Monday—April 1 (Monday after Easter Sunday)
• Civic Holiday—August 5 (first Monday in August)
• National Day for Truth and Reconciliation—September 30
• Remembrance Day—November 11

Eligibility for Statutory Holiday Pay

Most employees in Ontario are entitled to stat holiday pay if they meet the “Last and First Rule”: work the entire last and first regularly scheduled days before and after the holiday (not necessarily next to the holiday), plus the entire agreed or required holiday shift, unless absent with reasonable cause. This includes full-time, part-time, permanent, and term contract employees, regardless of how recently they were hired. ESA coverage, exemptions and special rules apply. Most nonqualifying employees still get premium pay for holiday hours worked.

Calculating Statutory Holiday Pay

Stat holiday pay is calculated by adding the employee’s regular wages earned in the four work weeks before the work week with the holiday plus vacation pay payable for those weeks, then dividing by 20. Regular wages exclude overtime; see the Ontario guide for other exclusions.

• For regular holiday pay when the employee has the day off: Use this formula.
• For employees working on stat holidays: See the pay options below.
• Vacation or non-working days: Qualifying employees get a substitute day with holiday pay or, by written/electronic agreement, holiday pay alone (no substitute day).

For example, if a qualifying employee takes a vacation from June 30 to July 8, they’re still entitled to Canada Day holiday pay under these options.

Premium Pay and Substitute Holiday Pay

Qualifying employees working on a statutory holiday with written/electronic consent can receive holiday pay plus premium pay (1½ times their regular rate of pay) for all hours worked on the holiday, with no substitute day. Alternatively, they can opt for their regular wages for all hours worked plus a substitute day off with holiday pay. Substitute days must be within three months after the holiday, or up to 12 months by written/electronic agreement. Before the public holiday, employers must give a written statement with the original holiday, substitute date and statement date.

Statutory Holiday Pay on Termination

When an employee's employment ends before their earned substitute holiday is taken, the employer must pay public holiday pay with final wages, regardless of the reason. This ensures that employees are compensated fairly.

Managing Statutory Holiday Entitlements

Employers should establish a clear policy on statutory holiday pay and include it in the employee handbook. This helps employees understand their rights. A well-defined policy also helps prevent misunderstandings. Start with coverage, qualifying scheduled days, payroll inputs, agreements and substitute dates. See the Ontario Public holidays guide for coverage, exemptions and special rules.

Suggested administrative practices:

• Communicate the policy. Tell staff where to find the handbook’s holiday policy and name an HR or payroll contact for entitlement questions.
• Plan schedules early. Collect holiday-work preferences early, explain how requests are considered, and document the applicable pay and time-off arrangement. Use a transparent process, subject to ESA coverage, any required written/electronic employee agreements and special rules. Preferences do not create a universal right to choose whether to work or which pay option applies.
• Check payroll and keep supporting records. Ask a second reviewer to check coverage, qualifying last and first scheduled shifts, any agreed or required holiday shift, and reasonable-cause absences. Verify regular wages earned and vacation pay payable for the four work weeks before the work week containing the holiday, using the employer’s work week. Check applicable substitute dates against the rules above. Keep the calculation with the relevant written/electronic agreement and, where a substitute holiday applies, its written statement. Refer to the Ontario Public holidays guide for the underlying rules.
• Review discrepancies. Give staff a designated route to flag pay or scheduling discrepancies. Before responding, check the relevant schedules, payroll records, agreements and applicable rule. Seek HR or legal help for uncertain exemptions or special cases.

Conclusion

Understanding and properly managing statutory holiday pay is essential for both employers and employees. By referring to these guidelines, businesses can support fair treatment of employees. Clear policies and consistent practices can help maintain a positive workplace environment.