In Ontario, statutory holidays are designed to provide employees with a day off or premium pay when they work on these special days. However, some employees face challenges when their employers deny them either the time off or the premium pay associated with statutory holidays.

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Understanding Statutory Holiday Entitlements

Under the Employment Standards Act (ESA), eligible employees are entitled to:

• A day off with public holiday pay on recognized statutory holidays, or

• Premium pay (usually 1.5 times the regular rate) if they work on the holiday.

Statutory holidays in Ontario include: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Christmas Day, and Boxing Day.

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Common Issues with Statutory Holidays

• Denied Day Off: Some employers may require you to work on a statutory holiday without offering a compensatory day off.

• Inadequate Pay: Others might pay you at your regular rate instead of the premium rate for working on these days.

• Misclassification: Employers sometimes misclassify employees to avoid statutory holiday obligations.

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Steps to Take If Your Employer Denies You Statutory Holidays

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1. Review Your Employment Contract and ESA Guidelines:

• Check if your contract specifically outlines holiday entitlements.

• Verify that you qualify as an eligible employee under the ESA.

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2. Document the Issue:

• Keep copies of your work schedule, pay stubs, and any communication regarding holiday work.

• Record dates and details of the denied holiday or inadequate pay.

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3. Communicate with Your Employer:

• Politely raise the issue with your HR department or supervisor.

• Ask for clarification on why your statutory holiday entitlements were not met.

• In many cases, this can resolve misunderstandings without further escalation.

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4. File a Complaint:

• If internal communication doesn’t resolve the issue, you can file a formal complaint with the Ministry of Labour.

• Provide your documentation and clearly state your case.

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5. Seek Legal Advice:

• For persistent or complex issues, consider consulting an employment lawyer.

• Legal counsel can help you understand your rights and advise on potential remedies.

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Free Consultation with Ottawa Employment Lawyers

Statutory holidays are a fundamental right for employees in Ontario. If your employer denies you these entitlements, follow the steps above—document the issue, communicate clearly, and escalate if necessary. Protecting your rights ensures that you receive the benefits you deserve on these important days. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contract form.

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