When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Alternate day off selection for public holiday in ON
Ask the Expert › Category: Questions › Alternate day off selection for public holiday in ON
0 Vote Up Vote Down
hri_Admin asked 3 years ago
When a public holiday falls on a weekend can an Ontario employer select an alternative date either before OR after the holiday?  e.g. Dec 25, 2021 and December 26th fall on a weekend in 2021.  Can we select either December 24th When a public holiday falls on a weekend can an Ontario employer select an alternative date either before or after the holiday? December 28th as an alternative day off in Ontario.
Kelly Chapman replied 3 years ago

I’m sorry – that should have read as :When a public holiday falls on a weekend can an Ontario employer select an alternative date either before or after the holiday? e.g. Dec 25, 2021 and December 26th fall on a weekend in 2021. Can we select either December 24th OR December 28th as an alternative day off in Ontario?

1 Answers
0 Vote Up Vote Down
Glenn Demby answered 3 years ago
Response from our payroll expert, Alan McEwan: It’s actually a little more complex than you may think. In the circumstances of this year, where Christmas falls on Saturday, and Boxing Day on Sunday, the law says that Christmas will remain the 25th, but Boxing Day will move to the Monday. Look at the Ontario Legislation Act, section 88. Having said that, who gets to choose another day to substitute for these is determined as follows:
  1. If one of these days would ordinarily be a working day, then both the EE and ER have to agree to a substitution.
  2. In certain industries the employer may require the employee to work on the holiday. If so, the employer gets to unilaterally decide on a substitute day.
  3. If the Saturday or Monday would not ordinarily be a work day for an employee, the employer may unilaterally substitute another day.
Any day substituted, may be either before or after the holiday itself. Alan R. McEwen Alan McEwen & Associates 855 Berwick Road South, Qualicum Beach, BC  V9K 1R3 250-228-5280 in the Pacific time zone https://alanrmcewen.com