Statutory Holidays in Ontario: 2024 Guide

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Statutory Holidays in Ontario: 2024 Guide

Statutory holidays in Canada, also known as public holidays, provide employees across Canada with valuable paid time off to rest, relax, and celebrate occasions with loved ones. For Canadian employers, statutory holidays require payroll accommodation, staffing adjustments, and operational planning.

This guide will explore everything employers and employees in Ontario, Canada need to know about statutory holidays in 2024. We examine eligibility rules, pay calculations, premium and substitute day entitlements, developing compliant holiday policies, key takeaways, and more.

With 9 mandated paid statutory holidays plus additional standard non-statutory days off, understanding all the requirements, obligations, and entitlements is essential for both employers and employees in Ontario.

List of the 9 Statutory Holidays in Ontario in 2024

The Ontario Employment Standards Act (ESA) designates 9 paid statutory holidays employers must provide staff. These are:

Statutory Holiday	2024 Date
New Year’s Day	January 1
Family Day	February 19
Good Friday	April 7
Victoria Day	May 22
Canada Day	July 3
Labour Day	September 4
Thanksgiving	October 9
Christmas Day	December 25
Boxing Day	December 26

Notable is that Ontario is the only Canadian province to recognize Boxing Day as a paid statutory holiday. Most other provinces do not mandate this extra day off.

What Are Statutory Holidays in Ontario?

Statutory holidays are holidays mandated by legislation, entitling employees to receive either a paid day off work or premium pay if they work the holiday.

• Federally regulated employees in Canada receive pay and time off for federal statutory holidays.
• Provincially regulated employees receive pay/time off for their particular province’s stat holidays.

In Ontario, the Employment Standards Act designates 9 statutory holidays, entitling eligible employees to take the day off with public holiday pay or receive premium pay for working on the holiday.

These legislated paid days off are an important benefit and entitlement for employees across Canada.

Additional Non-Statutory Holidays in Ontario

On top of the 9 official statutory holidays, many employers in Ontario also provide employees with these additional non-statutory days off:

• Civic Holiday – August 7, 2024
• Remembrance Day – November 11, 2024

While not officially mandated by law, many workplaces still choose to close and provide time off on these days.

Employee Eligibility for Statutory Holiday Pay in Ontario

To qualify for statutory holiday pay in Ontario, employees must meet the “first and last” rule by working their entire scheduled shifts before and after the holiday:

The “First and Last” Rule

• Employees must work their last regularly scheduled shift right before the statutory holiday
• Employees must work their first regularly scheduled shift right after the statutory holiday
• There can be no unauthorized absences on the shifts before and after the holiday

This eligibility rule applies equally to full-time, part-time, permanent, and term contract employees. Special rules apply to certain industries, such as hospitality.

Calculating Pay for Statutory Holidays in Ontario

Regular statutory holiday pay is calculated using the formula:

(Total Regular Wages + Vacation Pay) ÷ 20 Working Days

The vacation pay component depends on whether the employee took any vacation time in the prior 4 weeks before the stat holiday.

Let’s look at two examples:

• Susan earned $2000 in regular wages and $80 in vacation pay in the 4 weeks prior.
  • Her stat holiday pay is ($2000 + $80) ÷ 20 = $104
• Tom earned $2400 in regular wages but took a paid vacation.
  • His stat holiday pay is just $2400 ÷ 20 = $120

If an employee receives 4% vacation pay on every cheque, this amount is used in the stat pay calculation.

Read more:

• Minimum Wage in Ontario
• Student Minimum Wage in Ontario

Premium Pay for Working Stat Holidays in Ontario

Employees in Ontario who work on a statutory holiday are entitled to premium pay – 1.5 times their regular hourly wages or salary.

For example, an employee who earns $20 per hour would receive $30 per hour for any hours worked on the statutory holiday.

This premium pay is in addition to the employee’s regular public holiday pay. Employees can also opt to take a substitute day off in lieu.

Substitute Holidays in Ontario

Instead of receiving premium stat pay, employees in Ontario can choose to receive:

• Regular wages for hours worked on the stat holiday
• A substitute paid day off (taken within 3 months)

The employer must provide the employee written notice before the holiday outlining the substitute day.

This gives the employees in Ontario another day to enjoy and celebrate the occasion of that statutory holiday.

Developing a Statutory Holiday Policy in Ontario

A statutory holiday policy should clearly outline:

• Observed statutory holidays
• Employee eligibility rules, like the “first and last” rule
• Pay calculation formulas
• Premium pay or substitute day off options
• Stat holiday pay on termination

HR must ensure all employees understand the policies. Using a trusted HR/payroll provider can help simplify statutory holiday pay administration for employers.

Key Takeaways for Employers in Ontario

When managing statutory holidays in Ontario, employers should focus on:

• Understanding the 9 statutory holidays mandated under the ESA
• Developing a comprehensive written policy on eligibility, pay, entitlements
• Using HR/payroll tools to simplify statutory holiday pay administration
• Ensuring all employees understand eligibility requirements and entitlements

Key Takeaways for Employees in Ontario

Employees in Ontario should clearly understand:

• Their entitlement to take statutory holidays off with public holiday pay
• Premium pay or substitute day options for working on holidays
• Eligibility depends on meeting the “first and last” rule
• How statutory holiday pay is calculated
• Their specific statutory holiday entitlements

Managing Statutory Holidays in Ontario with Payroll Software

Advanced payroll systems help automate statutory holiday compliance, including:

• Configuring observed stat holidays in Ontario
• Importing hourly/salary data to calculate pay
• Applying “first and last” eligibility rules
• Calculating and paying out stat pay
• Adding premiums for hours worked
• Managing substitute day off requests
• Deducting tax, CPP, and EI on stat pay
• This reduces errors and ensures holiday pay compliance.

Additional Employer Obligations on Statutory Holidays

• Beyond paying statutory holiday pay/premiums correctly, Ontario employers must also:
• Give adequate advance notice if requiring employees to work.
• Obtain written consent for substitute days.
• Provide three months for employees to take substitute days.
• Ensure workplace policies align with ESA regulations.
• You may not deduct more than 3 hours of holiday pay if the employee fails to meet the “first and last” rule.

Conclusion

Statutory holidays provide employees important paid time off for rest, leisure, and celebrating occasions. Employers must comply with all requirements around eligibility, pay, premiums, and substitute days.

With 9 statutory holidays mandated in Ontario plus additional standard non-stat days, understanding policies, obligations, and entitlements is essential for Canadian employers and employees.

This extensive, comprehensive guide has explored all the key considerations – from eligibility rules, pay calculations, entitlements, developing compliant policies, and more. Staying compliant with statutory holidays ensures positive employee relations and rewarding time off work.

FAQs related to Statutory Holidays in Ontario in 2024

Article Sources

At Ebsource, we adhere to strict editorial principles and reference only credible sources in all our content. This allows us to produce insights readers can trust when making important benefits decisions. For complete transparency, find links to the referenced sources below.

• 2024 Statutory Holidays in Ontario: An Employer Reference – peninsulagrouplimited.com
• Stat Holidays and Holiday Pay in Ontario 2024 – achkarlaw.com
• 2024 Statutory Holidays in Ontario: The Complete List – jobillico.com
• Ontario Stat Holidays in 2024 | What to Pay Your Employees – pushoperations.com

Statutory Holidays in Ontario: 2024 Guide
Ben Nguyen