Stat Holiday Pay in Ontario

[vickyp]

#80894

Good afternoon,
My company is located in Ontario, and my question is regarding Statutory Holiday pay. I had an employee who was placed on a two week suspension and this occurred during the Family Day holiday. Is the employee eligible for the stat pay even though they were on a suspension and did not work the day before and the day after the holiday?
Your assistance is greatly appreciated.
Thank you,
Nancy Mucci
Jacobs & Thompson

[vickyp]

#80893

I’m pretty sure the answer is NO, the employee wouldn’t be eligible for stat holiday pay for Family Day.
Explanation: Section 26(2) of the ESA says employees aren’t entitled to stat holiday pay if they fail, without reasonable cause, to work all of their last regularly scheduled day of work before the public holiday or all of their first regularly scheduled day of work after the public holiday. IMHO, failing to work because they’re on disciplinary suspension wouldn’t count as reasonable cause not to work.
But let me call in our payroll expert, Alan McEwen, who may something I don’t. Will relay Alan’s response when I get it. Glenn

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