In Ontario, eligibility for statutory holiday pay depends on a number of different factors which are outlined in the province’s Employment Standards Act (ESA). Generally, most employees are entitled to statutory holiday pay if they meet certain criteria.
Full-time and Part-time Employees: Both full-time and part-time employees are typically eligible for statutory holiday pay if they meet the criteria outlined in the ESA.
Continuous Employment: Employees must have been employed by the same employer for a specified period to be eligible for statutory holiday pay. This period varies depending on the holiday and the employee’s status:
For most statutory holidays, employees must have worked for the employer for at least 13 out of the 30 days before the holiday.
There may be exceptions for employees covered by different collective agreements or employment contracts.
Regularly Scheduled Work: Employees are eligible for statutory holiday pay if the holiday falls on a day they would have otherwise worked had it not been a holiday.
Exceptions: Some employees may not be eligible for statutory holiday pay, such as those in specific industries or occupations covered by exemptions or different rules under the ESA. For example, employees in certain sectors like agriculture, fishing, or tourism may have different eligibility criteria.
Part-time Employees with Irregular Schedules: Part-time employees with irregular schedules may still be eligible for statutory holiday pay if they meet certain conditions, such as having worked on the last regularly scheduled workday before the holiday and the first regularly scheduled workday after the holiday.
Temporary or Seasonal Employees: Temporary or seasonal employees may be eligible for statutory holiday pay if they meet the criteria outlined in the ESA, including having worked for the employer for the required period before the holiday.
It’s important for employers and employees in Ontario to familiarize themselves with the specific requirements and entitlements related to statutory holiday pay outlined in the Employment Standards Act. Additionally, employers should consult HR professionals, like ThryvX, to ensure compliance with applicable regulations. Click here for more information about public holidays and stat holiday pay.
