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<Christmas, Boxing Day 2010 and New Year's Day 2011; how will you substitute these days? >

Christmas, Boxing Day 2010 and New Year's Day 2011: how will you substitute these days?

By Yosie Saint-Cyr, LL.B., Managing Editor, HRinfodesk.com---Canadian Payroll and Employment Law News, November 2010

Have you thought about how you'll treat the public holidays around the end of the year? This year, Christmas, Boxing Day and New Year's Day all fall on weekends. How will you substitute these days? (Note: Boxing Day applies in Ontario and the federal jurisdiction only.)

According to the chart below, in jurisdictions where Boxing Day is not a public holiday, 85 percent will substitute the public holiday on the next business day after the holidays. While, in jurisdictions with Boxing Day as a public holiday, 82 percent will use the Fridays of December 24 and December 31 as substitute days off for Christmas and New Year's Days and Monday December 27 for Boxing Day. More details and options can be found in the table below.

But what does the law say?

In general, under Employment Standards legislation, when public (statutory) holidays fall on non-working days, the employer must provide a substituted day off, which is another working day off work designated to replace a public holiday. Employees are entitled to be paid public holiday pay or regular pay for a substituted holiday depending on the province or territory of employment. However, many jurisdictions have public holiday provisions different from this general rule.

The article, “How to apply public (statutory) holidays on a non-working day” on HRinfodesk sets out the minimum requirements and variations by jurisdiction that employers must follow under employment standards legislation regarding public holidays that fall on non-working days.