The averaging agreement consists of two weeks on/two weeks off in a 4-week period as shown below: Where an employer and an employee have made a written agreement to average the employee’s hours of work under s.37 of the Act, the employee qualifies for the statutory holiday even if they have not worked or earned wages on 15 of the 30 calendar days preceding the statutory holiday.Įmployees working in the food plaza of a shopping centre have signed an averaging agreement with their employer in accordance with s.37 of the Act.
Part 5 Statutory holidays refers to “calendar days” and therefore if the shift straddling midnight ends on the 30th calendar day preceding the statutory holiday the time worked on that calendar day will be considered part of the 30 calendar day period. Note: “earned wages” includes paid vacation days and statutory holidays. has worked or earned wages under s.37 of the Act (Agreements to Average Hours of Work).has worked or earned wages on at least 15 of the 30 calendar days preceding the statutory holiday or.If an employee has been employed at least 30 calendar days then one of two conditions must be met before the employee is entitled to statutory holiday pay: If a statutory holiday falls on an employee’s day off and they have not completed 30 days of employment, they are not entitled to receive any statutory holiday pay for the day.If an employee performs work on a statutory holiday but has not been employed for at least 30 calendar days, they are compensated in the same manner as any other working day.It is a minimum requirement that an employee must be employed at least 30 calendar days in order to qualify for a statutory holiday National Day for Truth and Reconciliation July 1st (If July 1st falls on Sunday, Monday July 2nd replaces July 1st as Canada Day)
Easter Sunday is the first Sunday after the full moon on or following March 21st, or one week later if the full moon falls on Sunday. Under the definition of “statutory holiday” in section 1 of the Employment Standards Act, there are 11 named statutory holidays as shown below: (b) worked under an averaging agreement under section 37 at any time within that 30 calendar day period. (a) worked or earned wages for 15 of the 30 calendar days preceding the statutory holiday, or An employer must comply with section 45 or 46 in respect of an employee who has been employed by the employer for at least 30 calendar days before the statutory holiday and has This section identifies when an employee is eligible for statutory holiday pay for one of the “statutory holidays” named in s.1 of the Act.Ĥ4.
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