Is it required to provide alternative days off for employees who work a holiday at home?
Question: We require supervisors to be available to respond to emergencies 24 hours a day. On a statutory holiday, the supervisor works from home and is only expected to respond to phone calls. We pay the supervisors for working the holiday but do not give a day off in lieu. Are we obligated to provide an additional day off?
Answer: For some organizations and industries, trying to comply with the rules regarding statutory holidays can be a nightmare. Not every business can simply shut down for the day, or excuse the majority of its staff. In some cases, emergency services may need to be provided. In other cases, it’s simply a matter of not being able to stop production. That is why the legislation does allow for some flexibility.
Statutory holidays are regulated by employment standards legislation in each jurisdiction. Although the concepts are similar, the details vary slightly, as do the specific days considered to be holidays. While the default is employees are entitled to get a paid day off on the statutory holiday, the laws of each jurisdiction provide other options. Every jurisdiction sets out a list of exempted categories of workers who do not necessarily get the day off with pay. Exempted jobs vary from one province to another. Ontario’s Employment Standards Act specifies hospital workers, workers in the hospitality and tourism industry and those working for a “continuous operation” as those which an employer can require to work a statutory holiday. Instead, they may be entitled to another day off in lieu, premium pay or something else to compensate them for having to work on a public holiday.
In addition to the specific types of workers exempted, some jurisdictions allow employees to agree they will work on statutory holidays in exchange for another paid day off. In Ontario, the legislation provides that if such an agreement is made, the employee would get another paid day off instead or holiday and premium pay for working the holiday.
In some provinces, managers and supervisors are exempted from many of the employment standards rules, though in Ontario they are entitled to paid statutory holidays. Typically, individuals will be considered to be managers or supervisors if their work is primarily of that nature, even if they perform non-managerial or non-supervisory tasks from time to time. Individuals who have a senior role in the organization, even if they do not technically supervise or manage anyone, are also included.
There isn’t a mechanism to provide for someone who is only partially working, as in the question. They are either working, and entitled to be compensated, or they aren’t.
Stuart Rudner is a partner who practices commercial litigation and employment law with Miller Thomson LLP’s Toronto office. He can be reached at (416) 595-8672.
Answer: For some organizations and industries, trying to comply with the rules regarding statutory holidays can be a nightmare. Not every business can simply shut down for the day, or excuse the majority of its staff. In some cases, emergency services may need to be provided. In other cases, it’s simply a matter of not being able to stop production. That is why the legislation does allow for some flexibility.
Statutory holidays are regulated by employment standards legislation in each jurisdiction. Although the concepts are similar, the details vary slightly, as do the specific days considered to be holidays. While the default is employees are entitled to get a paid day off on the statutory holiday, the laws of each jurisdiction provide other options. Every jurisdiction sets out a list of exempted categories of workers who do not necessarily get the day off with pay. Exempted jobs vary from one province to another. Ontario’s Employment Standards Act specifies hospital workers, workers in the hospitality and tourism industry and those working for a “continuous operation” as those which an employer can require to work a statutory holiday. Instead, they may be entitled to another day off in lieu, premium pay or something else to compensate them for having to work on a public holiday.
In addition to the specific types of workers exempted, some jurisdictions allow employees to agree they will work on statutory holidays in exchange for another paid day off. In Ontario, the legislation provides that if such an agreement is made, the employee would get another paid day off instead or holiday and premium pay for working the holiday.
In some provinces, managers and supervisors are exempted from many of the employment standards rules, though in Ontario they are entitled to paid statutory holidays. Typically, individuals will be considered to be managers or supervisors if their work is primarily of that nature, even if they perform non-managerial or non-supervisory tasks from time to time. Individuals who have a senior role in the organization, even if they do not technically supervise or manage anyone, are also included.
There isn’t a mechanism to provide for someone who is only partially working, as in the question. They are either working, and entitled to be compensated, or they aren’t.
Stuart Rudner is a partner who practices commercial litigation and employment law with Miller Thomson LLP’s Toronto office. He can be reached at (416) 595-8672.
