Statutory holidays are a cornerstone of workplace rights in Ontario, ensuring employees receive paid time off to observe important cultural and national occasions. Under the Employment Standards Act (ESA), employers must comply with rules governing holiday pay and time off. However, disputes often arise when employers deny these entitlements. This guide explains your rights, common violations, and actionable steps to resolve issues.

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Understanding Your Statutory Holiday Entitlements

Ontario recognizes nine statutory holidays (e.g., Canada Day, Family Day, Christmas Day) where eligible employees are entitled to:

• A day off with public holiday pay; or
• Premium pay (1.5× regular wages) for hours worked on the holiday, plus public holiday pay.

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Key Eligibility Criteria:

1. The “Last and First Rule”: You must work your last scheduled shift before and first scheduled shift after the holiday unless you have reasonable cause (e.g., illness, family emergency).
2. Industry-Specific Rules: Employees in healthcare, hospitality, or 24/7 operations may be required to work but still qualify for premium pay or substitute days.

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Common Employer Violations

Employers may unlawfully deny statutory holiday entitlements by:

1. Refusing to Pay Public Holiday Pay: Failing to calculate pay using the formula:
   Public Holiday Pay = (Regular Wages + Vacation Pay) ÷ 20
   Regular wages exclude overtime but include commissions and bonuses.
2. Ignoring Substitute Holidays: Not providing a substitute day off within 3 months (or 12 months with written agreement) if the holiday falls on a non-working day.
3. Retaliation: Penalizing employees for taking statutory holidays (e.g., reducing hours, termination).
4. Misclassifying Employees: Denying rights by falsely labeling workers as independent contractors or managers.

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Steps to Address Denied Statutory Holidays

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1. Document Everything

• Save pay stubs, schedules, and communications about holiday work or denied time off.
• Track unpaid public holiday pay using the ESA formula.

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2. Communicate with Your Employer

• Politely request clarification in writing. Example:
  “Per the ESA, I believe I am owed public holiday pay for Canada Day. Could you confirm that I have received public holiday pay for my work hours?”
• If the employer refuses, escalate the issue to HR or a supervisor.

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3. File a Complaint with the Ministry of Labour

• Submit a claim within 2 years of the violation. The process is free and does not require a lawyer.
• The Ministry can order back pay, fines for the employer, or reinstatement if you were terminated.

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4. Seek Legal Advice

• For complex cases (e.g., wrongful termination, retaliation), consult an employment lawyer.
• Common law severance often exceeds ESA minimums. For example, courts may award up to 24 months’ pay for wrongful dismissal.

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Special Scenarios

• Termination Around a Holiday: Employers must pay accrued holiday pay even if you’re fired before the holiday.
• Substitute Holidays: If the holiday falls during your vacation, you’re entitled to a substitute day off.
• Federally Regulated Employees: Different rules apply (e.g., Easter Monday, National Day for Truth and Reconciliation).

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Employer Obligations and Penalties

• Written Notice: Employers must inform employees in writing if they’re required to work a holiday and how they’ll be compensated.
• Record-Keeping: Employers must retain payroll records for 3 years. Failure can result in fines up to $50,000.

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Key Takeaways

• Act Quickly: Delaying complaints weakens your case. File with the Ministry of Labour within 2 years.
• Know Your Rights: Even part-time or temporary employees qualify for statutory holiday pay.
• Avoid Retaliation: Employers cannot punish you for asserting ESA rights.

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Free Consultation with London Employment Lawyers

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Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.