Friend --

The upcoming Christmas, Boxing Day and New Year’s Day (December 25, December 26 and January 1) are three of the nine Ontario public holidays. Public holidays are days most people do not work but still get paid “public holiday pay.” It's important to remember that even if you are a part-time worker or work different hours every week, most people are still entitled to public holiday pay. Your employment status or where you work are the biggest factors in deciding whether you get public holiday pay.

How much is public holiday pay?

Public holiday pay is calculated by first adding all your regular wages and vacation pay in the 4 weeks before the week of the public holiday. Then you divide the total by 20 to get your public holiday pay. If you work regular hours, then your holiday pay is generally the same as a day’s pay.

Public Holiday Pay = ( Regular Wages + Vacation Pay ) ÷ 20

EXAMPLE: You make $16 an hour and you work part time. You get 4% vacation pay included in every paycheck. And your work week starts on a Monday.

Therefore, your public holiday pay for Christmas is 1930.24 ÷ 20 = $96.51

Note that overtime pay is not included in the public holiday pay calculation. Also, vacation pay is only included if it is paid during the 4 week period. For example, if you get paid your vacation pay at the end of your contract, vacation pay will not be included in the calculation.

Do I qualify for public holiday pay?

You qualify for public holiday pay if you work your last scheduled shift before the public holiday and your first scheduled shift after the public holiday.

EXAMPLE: You normally work part time on Wednesdays and Thursdays. Christmas is on Sunday this year. Therefore, if you worked the Thursday before and the Wednesday after Christmas, you will qualify for public holiday pay.

Some workers unfortunately do not qualify for public holidays and public holiday pay because of the type of jobs they do. These include farm workers, landscapers and building superintendents. Independent contractors and self-employed workers do not qualify either.

What happens if I am working on a public holiday?

Even if you are entitled to take the public holiday off, your boss might ask you to work on the day. If you agree to work on a public holiday, you are entitled to either be:

1) Paid your public holiday pay plus premium pay at 1.5 times your rate of pay
OR
2) Paid your regular wages, and have a substitute day off work with public holiday pay.

Some employees may be required to work on public holidays. These include workers in hotels, restaurants and hospitals. In this case, the employer chooses which of the above 2 options will apply.

What happens if a public holiday falls on a day I do not work?

If you are working on a public holiday that falls on a day you do not usually work, you are still entitled to a substitute day off with public holiday pay.

EXAMPLE: Christmas Day this year is on Sunday December 25, 2022. You are not scheduled to work on Sundays. You are still entitled to the option of taking a substitute day off work with public holiday pay.

That said, your boss can ask you to agree to just get your public holiday pay without a substitute day off. For this to be legal, you have to agree in writing. If you feel pressured to agree, please contact the Workers’ Action Centre for help.

What to do if your boss is not paying you public holiday pay?

If you have any further questions or if your employer did not pay your public holiday pay, please call the Workers’ Action Centre at 416-531-0778 or email us: info@workersactioncentre.org.

Stay tuned for further information, and follow our Facebook & Twitter accounts for more regular updates.