General Holidays
The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).
- What are general holidays?
- How does an employee qualify for a general holiday with pay on a day that they actually work?
- How does an employee qualify for a general holiday that is not actually worked?
- What happens if the general holiday falls on an employee's day off?
- What is the general holiday pay entitlement?
- What if an employee entitled to the general holiday works on the holiday?
- What are general holidays?
General holidays are days on which qualified employees receive a day off with general holiday pay. There are 9 general holidays in the Employment Standards Act; New Year's Day, Good Friday, Victoria Day, Canada Day, Discovery Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day.
Please note Easter Sunday and Boxing Day are not general holidays.
- How does an employee qualify for a general holiday with pay on a day that they actually work?
If an employee works on the general holiday, they qualify for general holiday pay.
- How does an employee qualify for a general holiday that is not actually worked?
If the employee does not work on the general holiday, they must meet the following 3 conditions:
- the employee must have been employed 30 calendar days before the holiday;
- the employee must work their last scheduled day before and their first scheduled day after the holiday (unless they have their employer's permission* to be absent or unless the absence is permitted by the Act);
- the employee must work on the holiday if called to work.
*Employees have their employers' permission to be absent if it is their scheduled day off, or if they have asked for and been granted the day off.
- What happens if the general holiday falls on an employee's day off?
The first working day immediately following the general holiday becomes the general holiday for that employee.
- What is the general holiday pay entitlement?
The amount an employee must be paid as general holiday pay depends on whether they work regular hours and how they are paid.
REGULAR HOURLY RATE: An employee who works regular hours and is paid an hourly rate must be paid the equivalent of their regular rate of pay for their normal hours of work. For example, an employee who works 12 hours per day is entitled to 12 hours pay.
REGULAR MONTHLY/WEEKLY SALARY: An employee who works regular hours and is paid a salary must be given a day off without a reduction in their normal salary.
REGULAR COMMISSION/PIECE WORK: An employee who works regular hours and is paid a commission or on a piece work basis must be paid their average daily wage, exclusive of overtime or bonus, earned in the week of the holiday.
IRREGULAR HOURS: An employee who works less than the standard hours or who works irregular hours must be paid general holiday pay of 10% of the wages (excluding vacation pay) earned for the hours worked in the two weeks immediately prior to the week in which the holiday falls.
- What if an employee entitled to the general holiday works on the holiday?
When an employee works on a general holiday, and in addition to their general holiday pay, there are two options for payment:
- be paid at an overtime rate for all hours worked on the general holiday or
- be paid at their regular rate for hours worked on the general holiday and be given a day off which may be added to the employees annual vacation or be granted a day off at a time convenient to the employer and the employee.