Canadian Payroll Reporter

5 Canadian HR Reporter, a Thomson Reuters business 2018 Paid statutory holidays for new employees QUESTION: We put new employees on probation for the first three months of employment. If a statutory holiday occurs during that time, are we required to pay them for the holiday if they do not work on that day? ANSWER: Statutory holiday rules are gov- erned by provincial/territorial employment standards laws and the Canada Labour Code for federally regulated workplaces. Employees covered by the legislation who meet the eligibility requirements for a paid statutory holiday under the appli- cable employment standards law must be paid for the day whether or not they are on probation. The eligibility requirements vary, depend- ing on the jurisdiction: CPR | July 2018 ASK AN EXPERT Annie Chong MANAGER OF CARSWELL'S PAYROLL CONSULTING GROUP annie.chong@thomsonsreuters.com | (416) 298-5085 Jurisdiction Deadline for paying overtime pay Canada Labour Code Employees must be employed with their employer for more than 30 days to be eligible for statutory holiday pay. Employees who work in a continuous operation can lose their entitlement to a paid statutory holiday if they fail to report for work when requested to do so or make themselves unavailable for work when their employment conditions require that they be available or allow them to make themselves unavailable. Alberta All employees covered by the Employment Standards Code are entitled to be paid for statutory holidays unless they do not work on the holiday when scheduled or required to do so or are absent from work, without their employer's consent, on their regularly scheduled working day immediately before or after the holiday. British Columbia Employees must be employed by their employer for at least 30 calendar days before the holiday and have worked or have earned wages on at least 15 of the 30 calendar days before the holiday or worked under an averaging hours agreement at any time during that 30-day period. Manitoba All employees covered by the Employment Standards Code are entitled to be paid for statutory holidays unless they are absent from work, without the employer's consent, on their regularly scheduled working day immediately before or after the holiday, or, if the holiday falls on a day that would normally be a work day, they do not work on the holiday when scheduled or required to do so, unless they had the employer's consent to be absent. New Brunswick Employees must be employed by their employer for at least 90 days in the 12 months right before the holiday. Employees who meet this requirement are entitled to be paid for a statutory holiday unless they do not work on their regularly scheduled work day immediately before or after the holiday, without reasonable cause; they fail to show up, without reasonable cause, after having agreed to work on the holiday, or they have a special employment arrangement that allows them to choose whether to work when requested to do so. Newfoundland and Labrador Employees must be employed by their employer for at least 30 days before the holiday. Employees who meet this requirement must be paid for a statutory holiday unless they fail to work on their regularly scheduled workday immediately before and after the holiday without the employer's consent or without just cause. Northwest Territories Employees must be employed by the employer for at least 30 days in the 12 previous months to be eligible for statutory holiday pay. Employees who meet this requirement must be paid for the holiday unless they do not report for work on the holiday after being requested to do so or are absent from work on their regularly scheduled work day immediately before or after the holiday without their employer's agreement. Note: Employees on pregnancy, parental, compassionate care or reser vist leave and those who are on a court leave that lasts more than 10 days are not entitled to be paid for statutory holidays that occur while they are on leave. Nova Scotia Employees must have received (or be entitled to receive) pay for at least 15 of the 30 calendar days immediately before the holiday. Employees who meet this requirement must be paid for the holiday unless they are absent from work without consent on their scheduled work day immediately before and after the holiday or, if they work in a continuous operation, they fail to report to work after being asked to do so. Nunavut Employees must be employed by their employer for at least 30 days in the 12 months before the holiday. Employees who meet this requirement must be paid for the holiday unless they do not report for work on the holiday after their employer requests them to or they are absent, without consent, on their regularly scheduled work day right before or after the holiday. Note: Employees on pregnancy or parental leave are not entitled to statutory holiday pay for holidays that occur while they are on leave. Ontario All employees covered by the Employment Standards Act, 2000 are entitled to be paid for statutory holidays unless they fail to work all of their last regularly scheduled work day before the holiday or all of their first regularly scheduled work day after the holiday, without reasonable cause, or if, after having agreed to work on the statutory holiday, they fail to work their entire shift without reasonable cause. Prince Edward Island Employees must be employed by their employer for at least 30 days before the holiday and have received pay for at least 15 days in the 30 calendar days right before the holiday. Employees who meet these requirements must be paid for the holiday unless they fail to work both their regularly scheduled working day before and after the holiday, unless they have their employer's consent to be absent or, if they are required to work on the holiday, they fail to work that day without reasonable cause. Employees employed under an arrangement where they may elect to work or not when requested to do so are not entitled to statutory holiday pay. Quebec All employees covered by the Act respecting labour standards are entitled to be paid for statutory holidays unless they are absent without consent or a valid reason on their last scheduled working day before the holiday or their first scheduled working day after the holiday. Saskatchewan All employees covered by the Saskatchewan Employment Act are entitled to be paid for statutory holidays. Yukon Employees must be employed by their employer for at least 30 calendar days before the holiday. Employees who meet this requirement must be paid for the holiday unless they: do not report for work on the holiday after having been asked to do so; do not report for work on their last scheduled shift before or their first scheduled shift after the holiday, without the employer's consent, unless the absence is allowed under the Employment Standards Act; or they have already been absent for 14 consecutive days immediately before the holiday on a leave of absence without pay that they requested. For information on exceptions to these requirements and for paying employees who work on a statutory holiday, contact the applicable employment standards board.

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