Statutory Holidays in Nunavut: 2024 Guide

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

As Canada’s largest and newest territory, Nunavut has a unique mix of statutory holidays, eligibility rules, pay calculations, and additional leaves for employees.

This guide will explain everything Nunavut employers and employees need to know about statutory holidays in 2024.

An Introduction to Statutory Holidays in Nunavut

Statutory holidays, also known as public or general holidays, provide paid time off work for employees to rest and enjoy cultural, national, or historical occasions. Nunavut officially recognizes nine statutory holidays every year.

With a population of around 36,858 as of 2021, Nunavut is the least populated territory in Canada. However, it spans a massive 1,836,993 square kilometres. Nunavut’s unique geography and demographics shape its employment standards and statutory holiday policies.

Both employers and employees benefit from fully understanding the eligibility rules, pay calculations, and additional leaves surrounding statutory holidays in the territory. Let’s dive into everything you need to know about statutory holidays in Nunavut for 2024.

Source: https://en.wikipedia.org/wiki/Nunavut

The Official List of Statutory Holidays in Nunavut for 2024

Nunavut recognizes nine statutory holidays every calendar year. Here are the official statutory holidays for 2024:

Holiday	Date in 2024
New Year’s Day	January 1
Good Friday	April 7
Victoria Day	May 22
Canada Day	July 3
Nunavut Day	July 10
Civic Holiday	August 7
Labour Day	September 4
Thanksgiving Day	October 9
Remembrance Day	November 13
Christmas Day	December 25
Boxing Day	December 26

In addition, the Commissioner of Nunavut has the authority to declare additional holidays as needed. For example, special holidays may be declared for events like royal births, deaths, or jubilees.

When a statutory holiday falls on a Sunday, the following Monday is usually designated as the holiday. Most statutory holidays are celebrated nationwide, but Nunavut Day on July 10th is unique to the territory.

Employee Eligibility for Statutory Holiday Pay in Nunavut

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

I completed 30 calendar days of employment with the same employer in the 12 months preceding the holiday. This does not have to be consecutive.
We maintained regular shifts or hours before and after the statutory holiday. There cannot be an extended gap or leave.
Reported to work on the holiday when scheduled or called in by the employer. Refusing shifts on the holiday can disqualify.
Not taken pregnancy, parental, compassionate care, or court leaves exceeding 10 work days in the 12 weeks before the holiday. Short leaves under 10 days are permitted.

These eligibility rules are outlined in Nunavut’s Employment Standards Act. Employees who do not meet all the criteria are not entitled to statutory holiday pay.

Pay for Working Statutory Holidays in Nunavut

Eligible employees in Nunavut who work on a statutory holiday are entitled to premium statutory holiday pay.

By law, employees must receive either:

1.5 times their regular wages for all hours worked on the statutory holiday.
Their average daily wages are based on the previous 4 weeks of variable or fixed daily wages.

Or:

Their regular wages for all hours worked on the statutory holiday
Plus, a substitute day off with pay within the next 6 months. This substitute day cannot be worked.

For example, an employee who earns $160 a day and works 6 hours on the statutory holiday would receive:

1.5 x $160 x 6 hours = $1,440
Plus, their average daily wage of $160
Totalling $1,600 statutory holiday pay

Alternatively, they could take $160 regular wages for the 6 hours worked, plus a substitute day off with $160 pay.

Employers can choose which statutory holiday pay structure best fits their operational needs. However, employees cannot be forced to work on their substitute days off.

Pay for Taking Statutory Holidays Off in Nunavut

Eligible employees who do not work on the statutory holiday receive their regular daily wages as statutory holiday pay.

If the employee’s wages vary, regular daily wages are calculated as the average over the 4 weeks immediately preceding the statutory holiday.

For example, an employee with varying weekly wages as below would receive $230 regular daily wage pay for taking the statutory holiday off:

Week 1 – $1200
Week 2 – $1000
Week 3 – $1100
Week 4 – $1300
Total Wages = $4600
Divided by 4 Weeks = $1150 Average Weekly Wages
Divided by 5 Working Days = $230 Average Daily Wages

Employees who meet the eligibility criteria and take the day off receive this average daily wage as statutory holiday pay.

Statutory Holiday Falling on a Non-Working Day

When a statutory holiday falls on an employee’s regular day off, the next working day becomes the statutory holiday.

For example, if Canada Day falls on a Saturday and the employee usually has Saturdays off, then Monday would become their statutory holiday.

In this case, statutory holiday pay depends on whether the employee’s wages are fixed or variable:

Fixed weekly wages: Employees receive their regular daily wage as statutory holiday pay.
Variable weekly wages: The employee receives their average daily wage over the prior 4 weeks as statutory holiday pay.

Accounting correctly for statutory holidays that overlap non-working days ensures employees receive fair holiday pay.

Accumulating Statutory Holidays in Nunavut

Eligible employees can accumulate up to 3 unused statutory holidays in Nunavut. These accumulated days must be used within the same calendar year.

Once an employee has accumulated 3 unused statutory holidays, the employer can pay out any further holidays rather than accumulating them.

For example, if an employee has already banked 3 unused holidays, and 2 more statutory holidays arise later that year that the employee does not work, the employer can pay those 2 days out rather than accumulating to 5 days.

When possible, statutory holidays should be used in the same year to provide rest and uphold their significance. However, accumulations and payouts provide flexibility when needed.

No “Use It or Lose It” Policies Allowed for Statutory Holidays

Nunavut does not allow “use it or lose it” policies for statutory holidays, which require employees to use allotted statutory holidays within a defined timeframe or forfeit them.

Such use-it-or-lose-it restrictions violate Nunavut’s Employment Standards Act. Employers must pay out any unused statutory holidays when employment ends or allow carry-over if within the 3 accumulation limit.

Attempting to implement use or lose it restrictions on statutory holidays in Nunavut is illegal.

Statutory Holiday Pay on Other Types of Leave

Eligibility for statutory holiday pay depends on the leave the employee is taking:

Pregnancy or Parental Leave: Employees on pregnancy/parental leave are ineligible for statutory holiday pay.
Short-Term Disability or Sick Leave: Up to 3 unpaid leave days maintains eligibility.
Bereavement Leave: Up to 3 unpaid days of bereavement leave maintains eligibility.
Court Leave: Employees summoned for jury duty remain eligible for statutory holiday pay.
Reservists’ Leave: Unpaid leave for reservist training or active duty maintains eligibility.
Domestic Violence Leave: Up to 10 days of domestic violence leave maintains eligibility.

Short 1-10 day leaves for illness, family matters, or public service do not impact eligibility. However, extensive pregnancy/parental leaves do disqualify employees.

Additional Unpaid Job-Protected Leaves in Nunavut

In addition to statutory holidays, Nunavut employees are entitled to other unpaid job-protected leaves for reasons such as:

Personal Leave: Up to 5 days of unpaid leave per year after 6 months of employment.
Compassionate care Leave: Up to 8 weeks of unpaid leave to care for a gravely ill immediate family member.
Domestic Violence Leave: Up to 10 days off per year to address domestic violence situations.
Family Responsibility Leave: 3 unpaid days per year to attend to family health matters.
Bereavement Leave: Up to 3 unpaid days off due to the death of an immediate family member.
Birth Leave: 1 unpaid day off to attend the birth of one’s child.
Marriage Leave: 3 unpaid days off for an employee’s wedding.
Court Leave: Unpaid leave to attend jury selection and jury duty, with wage compensation provided by the court.
Reservists’ Leave: Unpaid time off for Canadian Forces reservist duty.

These additional leaves allow employees to balance work with pressing family, community, personal health, and legal obligations without pay.

Refusing Dangerous Work Is Protected

Under occupational health and safety laws, Nunavut employees can refuse work they believe poses a danger to themselves or others. For example:

Operating faulty equipment
Working in unsafe structures or sites
Handling hazardous materials unsafely
Working while excessively fatigued
Working in extreme weather conditions without protections
Other dangerous scenarios

Employees should first attempt to resolve safety concerns through workplace procedures. But refusing dangerous work in good faith is protected from reprisal or termination.

Time Off Work to Vote

Nunavut employers must provide employees with 2 consecutive hours off work to vote in elections without pay deductions or consequences:

Federal elections
Territorial elections
Municipal elections
Other votes with advanced polling

This leave can only be taken during the employee’s scheduled working hours that overlap voting hours. There is no paid time off for voting outside working hours.

Evolving Trends and Changes to Watch

Statutory holidays and employment standards in Nunavut continue to evolve. Here are some trends and potential upcoming changes to monitor:

Indigenous Peoples Day: Discussions around adding this holiday to recognize Indigenous history.
Remote Work Arrangements: The increase in remote work due to COVID-19 may complicate administering substitute days off, and policy adjustments may be needed.
Jurisdictional Review: Nunavut reviews the statutory holidays, leaves, vacation allotments, pay calculations, etc. of other provinces and territories to identify potential areas for improvement.
Changing Demographics: Nunavut has a very young population. As the workforce grows and diversifies, statutory holidays may need to be reassessed.
Labour Shortages: With tighter labour market conditions, time off benefits are becoming a key attraction for employee retention and recruitment.

Key Takeaways for Nunavut Statutory Holidays in 2024

Below are some key summary points on statutory holiday pay, eligibility, and employment standards in Nunavut:

Nunavut has 9 statutory holidays, with the option for the Commissioner to declare additional days.
To receive statutory holiday pay, employees must meet eligibility criteria, such as minimum employment periods with the same employer.
Statutory holiday pay calculations differ for working vs non-working days and variable vs fixed wages.
Unused statutory holidays can be accumulated up to a 3-day limit before a payout is required.
Illegal use or loss restrictions cannot be imposed on taking statutory holidays.
Short 1-10 day leaves do not impact eligibility, but extensive pregnancy/parental leaves do.
Additional unpaid job-protected leaves are provided for health, family, court, and personal reasons.
Indigenous Peoples Day, remote work, changing demographics, and labour shortages present evolving trends.
Properly administering statutory holidays remains essential for optimizing labour force productivity.

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

FAQs related to Statutory Holidays in Nunavut

How many statutory holidays are there in Nunavut?

There are 9 statutory holidays that employees are entitled to annually in Nunavut. Additional holidays can also potentially be declared.

What are the statutory holidays in Nunavut in 2024?

The statutory holidays in Nunavut in 2024 are: New Year's Day, Good Friday, Victoria Day, Canada Day, Nunavut Day, Civic Holiday, Labour Day, Thanksgiving, Remembrance Day, Christmas Day, and Boxing Day.

Where can I find the schedule of statutory holidays in Nunavut?

The schedule of statutory holidays in Nunavut for upcoming years can be found on the Government of Nunavut's website under the public service holidays calendar.

When do statutory holidays need to be paid out in Nunavut?

Statutory holidays need to be paid out on the specific holiday if it is taken off work. If the holiday falls on a non-working day, pay needs to be provided on the next scheduled working day.

Why are there different statutory holidays in Nunavut compared to other parts of Canada?

Nunavut has different statutory holidays compared to other provinces and territories because it recognizes culturally significant days for its population, such as Nunavut Day.

Do statutory holidays need to be paid out if unused by the end of the year in Nunavut?

Yes, any unused statutory holidays still owed to an employee need to be paid out by the end of the calendar year or when their employment ends.

Can employers require employees to work on a statutory holiday in Nunavut?

Yes, employers can require employees to work statutory holidays if necessary, but appropriate holiday pay must be provided for doing so.

Is an employer obligated to give Remembrance Day off in Nunavut?

Yes, Remembrance Day is a recognized statutory holiday in Nunavut that employers are obligated to provide as a paid day off if employees qualify.

How is statutory holiday pay calculated in Nunavut?

Statutory holiday pay is calculated based on 1.5x regular wages plus a regular day's wages for working the holiday, or regular daily wages if taking the holiday off.

What can employees do if they are not receiving proper statutory holiday pay in Nunavut?

If statutory holiday pay is incorrect, employees can file an employment standards complaint with the Nunavut government for investigation.

Article Sources

Statutory Holidays in Nunavut: 2024 Guide
Ben Nguyen