Ask the ExpertCategory: QuestionsAlternate day off selection for public holiday in ON
hri_Admin Staff asked 1 year 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 Staff replied 1 year 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
Glenn Demby Staff answered 1 year 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