With several holidays on the calendar in the coming weeks, we’ve pulled out the frequently asked questions!
Upcoming holidays: Journée nationale des Patriotes, Fête nationale du Québec and Canada Day
Compensation
On a public holiday, employees are entitled to an indemnity equal to 1/20 of the salary earned during the four full pay weeks preceding the week of the vacation, without taking overtime into account. For employees paid in whole or in part by commission, the indemnity must be equal to 1/60 of the salary earned during the twelve pay weeks preceding the week of leave.
What to do if an employee has to work on a public holiday?
An employee who has to work on a public holiday is entitled to his or her salary for the day. He is also entitled to compensation (see first paragraph for amount of compensation) or deferred leave, at the employer’s discretion.
In the case of deferred leave, it must be taken within 3 weeks before or after the public holiday.
What if the holiday falls on a day not normally worked by the employee, or if it falls during the employee’s vacation?
The employee is entitled to compensation (see first paragraph for amount of compensation) or deferred leave, at the employer’s discretion.
To be entitled to paid public vacations, employees must not be absent from work without a valid reason, or without their employer’s authorization, before or after the holiday. If this is the case, he or she will not be entitled to compensation or deferred leave. This paragraph does not apply to the National Holiday.
* The above rules apply only to employers governed by the Act respecting labour standards.
Special provisions for National Holiday
Can I have my employees work on National Holiday?
Only employees who are unable to take time off “due to the nature of the operations of the company where they work” may be required to work on Saint-Jean-Baptiste Day.
In other words, only companies that can demonstrate that they cannot interrupt their activities, as this would run counter to the very nature of their business, or that can demonstrate that the interruption will genuinely harm the smooth running of the business, can remain open and keep employees working. Here are a few examples:
- hotels;
- restaurants;
- convenience stores;
- plants that operate 24 hours a day and can demonstrate that restarting machinery after a shutdown is time-consuming.
Thus, in principle, an employer could not be justified in requiring his employees to work on Saint-Jean-Baptiste Day, in order to carry out urgent work, or simply for productivity reasons. It should also be noted that the retail trade may suspend its activities.
If you have to work on June 24 and your employer offers you paid leave, it must be taken on the working day before or after June 24 (and not up to three weeks before or after as for other public holidays).
If the employer does not offer this compensatory leave, he must pay compensation to the employee (see the first paragraph for the amount of compensation).
And if June 24 falls on a Sunday?
The vacation is postponed to June 25 if the 24th falls on a Sunday (except for people who usually work on Sundays).
Need more information on public holidays? Contact our experts!
