HR Home Forums Community Giving Stat days to employees after actual stat day

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  • Conner Lantz
    Post count: 4836

    In Manitoba, the following rule applied for workers scheduled on general holidays:
    Employee works on general holiday
    Subject to subsection (2), an employee who works on a general holiday is entitled to be paid
    (a) for the hours worked, at the overtime wage rate; and
    (b) holiday pay for that day.
    Exception — employment in certain businesses
    If the employee works in a continuously operating business, climate-controlled agricultural business, seasonal business, place of amusement, gasoline service station, hospital, hotel or restaurant, or in domestic service, the employer may, instead of complying with subsection (1),
    (a) pay the employee for the hours worked on the general holiday as if it were not a general holiday; and
    (b) give the employee a day off, with holiday pay, on another day that would normally have been a workday for the employee,
    (i) within 30 days after the general holiday, with at least two days’ notice of the day to be taken off, or
    (ii) if the employee agrees, within any longer period but before the employee’s next annual vacation.

    We had to schedule the stat days before the actual holiday in order to spread out the days for all affected and be able to comply with the 30 days. A few employees had to have their start scheduled before the actual stat and most have been scheduled afterwards. We wanted to know if this is allowable.

    Conner Lantz
    Post count: 4836

    From our payroll expert, Alan McEwan:
    Strictly speaking, the Manitoba employment standards only allow a day to be substituted for a statutory holiday if it falls after the holiday itself. However, if employees agree to the day selected, there is not likely going to be a problem.
    I hope that answers your question. Glenn

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