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Stat holidays: worked or days off? How to pay them?
In Canada, the following days are nationwide statutory holidays:
- New Year's Day - January 1st
- Canada Day - July 1st
- Labour Day - first Monday in September
- Christmas Day - December 25th
Additional statutory holidays vary by province. Each province and territory recognizes between 6 and 9 statutory holidays. For example, Easter Friday is a stat holiday in every province except Quebec.
You can see the list of statutory holidays and in which provinces and/or territories they are observed at the following link.
In principle, these days are not worked (they are "non-working"). But can you ask your nanny to work one of these days? If so, how much do you have to pay her?
Can my nanny work stat holidays?
You can ask your nanny to work on statutory holidays. If you want your nanny to care for your child on some holidays, you should mention this in the employment contract.
Your employee may refuse to work a holiday that was not scheduled in the contract..
Do I have to pay my nanny for statutory holidays?
If your nanny works on a statutory holiday:
The laws vary considerably in each province and territory but generally if she meets certain requirements (length of employment, for example) you will have to pay her 1.5x her regular hourly rate or daily salary.
If your nanny doesn't work on the statutory holiday:
Again, depending on the regulations in your province or territory it is very likely you will still have to pay your nanny even if she does not work on the holiday. Remember if the holiday falls on non-working day you will be expected to give her the following work day off.
The calculation for stat pay is fairly complicated and determined by the provincial governments.
Resources for Stat Pay by province
In certain provinces employees must have been employed for a certain length or time or worked a certain number of days in the 30 days preceding the stat holiday in order to be eligible for stat pay. Employees may not be eligible for stat pay should the day of the holiday fall on a day that they do not normally work.
In addition, each province has it's own formula for calculating stat pay. If you're starting to feel lost - don't worry. There are some great resources online that break down the requirements and calculation methods for each province and territory.
