Substituting a General Holiday for Another Day – Ask the Expert

Employers can substitute general/statutory holiday dates as long as they still meet the total number of days required.

QUESTION

Can an employer substitute the new September 30 general holiday for any other day after the September 30 enforcement day for example December 24 so long as in this case of substitution applicable to several employees, 70% of the employees concerned agree to the substitution date and the substitution notice is posted 30 days before it takes effect?

ANSWER

Yes

EXPLANATION

Once the new September 30 holiday takes effect (on August 3, 2021), it will be treated the same as any other federal holiday.

In non-union environments, at least 70% of employees must agree, using the same procedures that would apply to a change in work schedule.

This means that, when the employer posts the necessary notice, any single employee can force the requirement for a vote to be held that provides for employee confidentiality

In effect, with the ability to substitute dates, it’s the total number of days that are required, not the celebration of a specific day.