Statutory Holidays in Northwest Territories: 2024 Guide

Canada Employee Benefits News and Trends - ebs
Statutory Holidays in Northwest Territories: 2024 Guide

Understanding statutory holidays in Northwest Territories is crucial for both employers and employees.

This extensive guide provides a comprehensive look at statutory holidays in the NWT in 2024, diving into every relevant detail—from eligibility rules to substitute days off to job-protected leaves.

The Full List of Statutory Holidays in Northwest Territories in 2024

The following 12 days are recognized as statutory holidays in the Northwest Territories for 2024:

Holiday	Date
New Year’s Day	January 1
Good Friday	April 19
Victoria Day	May 20
National Indigenous Peoples Day	June 21
Canada Day	July 1
Civic Holiday	August 5
Labour Day	September 2
National Day for Truth and Reconciliation	September 30
Thanksgiving Day	October 14
Remembrance Day	November 11
Christmas Day	December 25

Some additional non-statutory holidays that many NWT employers provide:

Holiday	Date
Easter Monday	April 22
Boxing Day	December 26

Employees should verify with their specific employer if they observe Easter Monday and Boxing Day as paid holidays.

Eligibility Criteria for Pay on Statutory Holidays in Northwest Territories

To qualify for statutory holiday pay in NWT, employees must meet the following eligibility criteria:

• You must have been employed with the organization for at least 30 calendar days in the 12 months prior to the holiday, but it does not need to be 30 consecutive days.
• They must work their full scheduled shifts immediately before and after the holiday, unless an authorized leave prevents this. Valid reasons include bereavement leave, jury duty, illness with a doctor’s note, and other approved leaves.
• Agree to work on the statutory holiday if requested or scheduled. Refusing shifts without reasonable cause makes an employee ineligible.

Additionally, the following groups of employees are excluded from statutory holiday pay eligibility:

• Employees who are terminated with just cause before the stat holiday.
• Employees who fail to work on the holiday after agreeing to do so without reasonable cause.
• Employees on pregnancy, parental, compassionate care, family caregiver or other job-protected leaves during the statutory holiday.

Eligible employees are entitled to statutory holiday pay even if the holiday falls on a non-working day or during other paid leaves like vacation. Employees should retain documents supporting their eligibility.

How Pay is Calculated for Statutory Holidays in Northwest Territories

How statutory holiday pay is calculated depends on whether the employee works on the holiday or not:

For Employees Who Do Not Work on the Holiday

Eligible employees who do not work on the statutory holiday are entitled to their average daily wage as statutory holiday pay. This is calculated as follows:

1. Take the total wages earned by the employee in the 4 weeks before the work week with the statutory holiday, excluding any overtime pay.
2. Divide this amount by 20 (the number of non-overtime work days in 4 weeks).

The result is the employee’s average daily wage, which equals their statutory holiday pay for not working that day.

For salaried employees, statutory holiday pay is 5% of their bi-weekly salary.

For Employees Who Do Work on the Holiday

Eligible employees who work on the statutory holiday can choose between the following options:

• Regular wages for hours worked plus average daily wage as statutory holiday pay.
• Regular wages for hours worked plus paid day off equal to the average daily wage, taken within 30 days.
• 1.5 times regular wages for hours worked plus average daily wage as statutory holiday pay.

The employer must comply with the eligible employee’s chosen option.

Read more: Minimum Wage in Northwest Territories

Additional Rules and Regulations

In addition to eligibility and pay calculations, other statutory holiday rules include:

• “Use it or lose it” policies for vacation time are illegal. Unused accrued vacation must be paid out upon termination.
• Vacation pay is considered earned wages under NWT employment laws.
• Employees can take a substitute day off if a statutory holiday falls within their vacation period.
• Retail closures can only be mandated on statutory holidays with a municipal bylaw.
• Employers can implement their own policies around things like doctor’s notes for absences near holidays.
• Banked overtime does not need to be paid out as statutory holiday pay.

Job-Protected Leaves in Northwest Territories

Alongside statutory holidays, employees in NWT have additional job-protected leaves:

Sick Leave

• Up to 5 days of unpaid job-protected sick leave per year.
• Medical notes can be required for absences exceeding 3 consecutive days.

Compassionate Care Leave

• Up to 27 weeks of unpaid leave to care for a gravely ill family member at risk of dying within 26 weeks.
• It can be shared by multiple employees for the same person, up to 27 weeks combined.
• A medical certificate and written notice are required.

Family Caregiver Leave

• Up to 17 weeks unpaid leave to care for a critically ill minor child.
• Up to 37 weeks unpaid leave to care for a critically ill adult.
• Only one leave period is permitted per critically ill relative.
• An employer can request a medical certificate.

Domestic Violence Leave

• Up to 10 days per year of paid and unpaid leave.
• Up to 15 additional weeks of unpaid domestic violence leave.
• It can be taken for things like relocation, counselling, and legal proceedings.
• Employer may request verification.

Pregnancy Leave

• Up to 17 weeks of unpaid leave for expectant mothers.
• Written notice and medical certificate required.
• It can start up to 17 weeks before the due date.

Parental Leave

• One or both parents can take 61 weeks of unpaid leave for new parents.
• Must be taken within 78 weeks of the child’s birth/adoption.
• Written notice to employer required.

Bereavement Leave

• 3-7 days of unpaid leave for the death of a family member.
• 3 days within the home community, 7 days outside the community.

Court Leave

• Unpaid leave as needed for jury duty or being summoned as a witness.

Below is the summary:

Type of Leave	Description
Sick Leave	Up to 5 days of unpaid sick leave per year. Medical notes can be required for absences exceeding 3 days.
Compassionate Care Leave	Up to 27 weeks of unpaid leave to care for a gravely ill family member.
Family Caregiver Leave	Up to 17 weeks of unpaid leave to care for a critically ill minor child, and up to 37 weeks to care for a critically ill adult.
Domestic violence Leave	10 days of paid and unpaid leave, plus up to 15 additional weeks of unpaid domestic violence leave.
Pregnancy Leave	Up to 17 weeks of unpaid leave.
Parental Leave	Up to 61 weeks of unpaid parental leave. It can be taken by one or both parents.
Bereavement Leave	3-7 days of unpaid leave to attend a funeral or memorial service for an immediate family member.
Court Leave	Unpaid leave as needed to serve jury duty or act as a witness in court.

Read more: Vacation & Paid Time Off Policies in Canada

Key Takeaways for Employers on Statutory Holidays in Northwest Territories

Some key things for NWT employers to remember:

• Review eligibility carefully before approving statutory holiday pay.
• Calculation formulas must be followed accurately, or disputes could arise.
• Post the list of upcoming statutory holidays prominently for employees.
• Have clear policies for substituting stat holidays during vacations.
• Understand all forms of available job-protected leave.
• Consult the NWT Employment Standards Act for detailed regulations.

Key Takeaways for Employees on Statutory Holidays in Northwest Territories

Some key things for NWT employees to keep in mind:

• Ensure you meet all eligibility criteria for statutory holiday pay.
• Save documents that prove your eligibility for statutory holiday pay.
• Verify your statutory holiday pay is calculated correctly.
• Know your rights – you can’t be forced to work statutory holidays you are entitled to off.
• Keep records of any substitute days provided in lieu of stat pay.
• Educate yourself on job-protected leaves you may need to take.

By understanding the intricate rules and regulations surrounding statutory holidays in the Northwest Territories, both employers and employees can ensure the proper administration and enjoyment of this important workplace entitlement.

While we have covered surrounding statutory holidays in Northwest Territories, each Canadian province and territory has its own set of public holiday legislation. Some key provincial statutory holiday references:

• Statutory Holidays in Nova Scotia
• Statutory Holidays in Yukon
• Statutory Holidays in Prince Edward Island

FAQs about statutory holidays in the Northwest Territories

Article Sources

• Northwest Territories statutory holidays in 2024 – canada-holidays.ca
• The Northwest Territories Leave Laws & Holidays – vacationtracker.io

Statutory Holidays in Northwest Territories: 2024 Guide
Ben Nguyen