Canadian Payroll Reporter

News Published 12 times a year by Thomson Reuters Canada Ltd. Subscription rate: $179 per year Customer Service Tel: (416) 609-3800 (Toronto) (800) 387-5164 (outside Toronto) Fax: (416) 298-5106 E-mail: customersupport.legaltaxcanada @tr.com Website: www.carswell.com One Corporate Plaza 2075 Kennedy Road Toronto, Ontario, Canada M1T 3V4 Director, Media Solutions, Canada Karen Lorimer Publisher/Editor-in-Chief Todd Humber Editor Sheila Brawn sbrawn@rogers.com Editor/Supervisor Sarah Dobson News Editor Marcel Vander Wier Sales Manager Paul Burton paul.burton@thomsonreuters.com (416) 649-9928 Marketing Manager Robert Symes rob.symes@thomsonreuters.com (416) 649-9551 Circulation Co-ordinator Keith Fulford keith.fulford@thomsonreuters.com (416) 649-9585 Payroll Reporter Can R Can R adian adian a www.payroll-reporter.com ©2017 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, photocopying, recording or otherwise without the written permission of the publisher (Thomson Reuters, Media Solutions, Canada). Return Mail Registration # 1522825 | Return Postage Guaranteed Paid News Revenue Toronto Canadian Payroll Reporter is part of the Canadian HR Reporter group of publications: • Canadian HR Reporter — www.hrreporter.com • Canadian Occupational Safety magazine — www.cos-mag.com • Canadian Payroll Reporter — www.payroll-reporter.com • Canadian Employment Law Today — www.employmentlawtoday.com • Canadian Labour Reporter — www.labour-reporter.com See carswell.com for information Holiday pay legislation varies by jurisdiction than 12 hours on the holiday, the rate rises to two times their regu- lar rate. In Quebec, the wage rate for the hours worked is the employ- ee's regular rate. In Newfoundland and Lab- rador, instead of paying statu- tory holiday pay, employers pay employees double time for the hours worked. Alternatively, they may pay the regular rate if they provide another day off. The compensa- tion method is up to the individ- ual employee. Employers cannot substitute statutory holidays with other days off. True or False? False in most jurisdictions. For the most part, labour standards laws allow employers to substi- tute a statutory holiday with an- other day off. Some jurisdictions, such as British Columbia, Manitoba, N.W.T., Nova Scotia, Nunavut, Saskatchewan and Yukon, re- quire that a majority of employ- ees agree to the substitution. Un- der the Canada Labour Code, 70 per cent of employees affected by the change must agree to it. Employers in N.W.T., Nova Scotia, Nunavut and Saskatch- ewan must also apply to the ap- plicable labour standards board for permission to substitute the holiday. Some jurisdictions put time restrictions on when employers must provide the substituted holiday, such as by the employ- ee's next vacation or within a specified number of months af- ter the holiday. Employers do not have to pay new employees for statutory holidays that fall in the first 30 days of employment. True or False? True in Alberta, British Colum- bia, Newfoundland and Lab- rador, N.W.T., Nunavut, P.E.I., and Yukon, as well as under the Canada Labour Code. British Columbia and P.E.I. also require employees to earn wages on at least 15 of the 30 calendar days before the holiday to be entitled to a paid holiday. In New Brunswick, employees must work for their employer for at least 90 days in the 12 months before the holiday. In Nova Scotia, employees must be entitled to be paid for at least 15 of 30 calendar days right before the holiday. Manitoba, Ontario, Quebec and Saskatchewan have no re- strictions for new employees. Even if new employees are not entitled to be paid for a statutory holiday, if they work on the holi- day, the employer must pay them for the hours worked. Thanksgiving is not a statutory holiday in all Canadian jurisdictions. True or False? True. Labour standards laws in New Brunswick, Newfoundland and Labrador, Nova Scotia and Prince Edward Island do not list Thanksgiving as a holiday. The day is a holiday un- der retail shopping laws in the provinces, meaning that many businesses are prohibited from opening. Employees do not, however, have the same rights to statutory holiday pay as they do for holidays covered under la- bour standards legislation. If a statutory holiday falls on a non-working day and entitled employees do not work, employers do not have to compensate employees for the day. True or False? False for almost all jurisdictions. Depending on the jurisdiction, employers must pay employees for the day or give them another day off with pay (often the next working day). In Alberta, there is no require- ment for employers to pay em- ployees or grant another day off with pay. However, if July 1 falls on a Sunday, employers must ob- serve July 2 as the holiday. In Saskatchewan, if New Year's Day, Christmas Day or Remem- brance Day fall on a Sunday, em- ployers must give employees a holiday with pay on the follow- ing Monday. This does not apply to businesses that normally open on Sundays. If employers give employees who work on a holiday another paid day off, that day must be provided in the same month as the holiday. True or False? False. In jurisdictions that allow employers to provide another day off, the deadline for taking the day off is often the employ- ee's next annual vacation (or on another day to which they agree). However, in Newfoundland and Labrador, employees may choose instead to take the day off within 30 days after the holiday. In Manitoba, only employees who work in continuous opera- tions can take an alternate day off. They may take it within 30 days after the statutory holiday or choose another day that is no later than their next annual vacation. In Ontario, employees must take off the day no later than three months after the holiday or, with the employee's agree- ment, no later than 12 months afterwards. In Quebec, employees must take it within three weeks before or after the holiday for all holi- days but the National Holiday. For the National Holiday, em- ployees must take the day off on the day immediately before or after June 24. from STATUTORY on page 3 For the most part, labour standards laws allow employers to substitute a statutory holiday with another day off. April 2017 | CPR

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