Ask the ExpertFollow-Up: Public Holidays on Non-working Days in Manitoba
hri_Admin Staff asked 4 years ago

Hi there, 
I have a follow up question to the one recently asked about paying employees for public holidays. The answer that was given was the following- 
“Yes and No.
It’s not a full day off that is required. Since the reversion to the old rules as of July 1, 2018 what’s required is the earnings in the prior 4 work weeks,. Divided by a fixed 20.
Given what they’ve said, 3 days/week times 4 weeks is 12 days.
Divided by 20, the result is 12/20 of a regular day’s pay.
That’s what’s owed, whether they give the person another day off or pay out the entitlement.” 
I am in Manitoba, and from what I understood, the above calculation only applied if the employee worked a variable pay schedule (as in Monday-Wednesday one week, then Tuesday- Thursday the next, and the amount of hours varied). But if they are a salaried employee that works the same number of hours each week, then they are entitled to the full day off in lieu. I am referring to section 23(2) of the Manitoba Employment Standards Code. I just wanted to confirm I was correct for this in Manitoba 
 

2 Answers
Glenn Demby Staff answered 4 years ago

Okay, I’ll pass along the follow up Q to Allan and get back to you as soon as I hear from him. Thx.

Glenn Demby Staff answered 4 years ago

Forgive me if you got a bunch of blanks. I’m having a hard time posting this for some reason. Here’s Alan’s response:
First, I was given to understand that the question related to Ontario.
But, for Manitoba, this person has it mostly correct, but not completely.
In Manitoba, the general rule is that a person is entitled to a day’s wages for a statutory holiday. So if a person normally works 3 days a week, at 8 hours a day, then the statutory holiday pay requirement is 8 hours. However, if either of the following is true, then the calculation is 5% of the regular, i.e. non-overtime hours in the prior 4 week period:
The hours of work vary from day to day; or
The wages paid vary from pay period to pay period.
This later condition would be true for employees who received incentive or exception pay, such as bonuses, commissions or piece work or where employees were paid a different hourly rates for different types of work.

Serena Traa replied 4 years ago

Thank you!