Each province and territory has different payroll rules
Remembrance Day is coming. Plenty of festivities have been set to commemorate the heroism of the men and women in our armed forces who have given their lives in the line of duty. But while some workers are given time off on this federal statutory holiday, other employees may be required to report to work — and the pay rules differ.
Here’s a rundown of the holiday work and rate policy in each of the Canadian provinces and territories:
Alberta observes Remembrance Day as a statutory holiday and it is therefore a paid general holiday for eligible employees. To be eligible, employees must work their scheduled shift before and after the holiday, unless consent is given for their absence, according to the government’s website.
If Alberta employees work on Remembrance Day, they must be paid at least their daily wage and at least 1.5 times their wage rate per hour worked. Workers who do not report for duty will still be given an amount that is at least their daily wage.
British Columbia also observes Remembrance day as a statutory holiday. Employees are qualified for the holiday pay if they have been employed for 30 calendar days and — and have worked at least 15 of those days — prior to the holiday, according to the government. That means employees who started working for a company later than Oct. 11 will not be eligible.
If employees in B.C. work on Remembrance Day, they must be paid at least their daily wage based on the days they worked during the 30 calendar days before the holiday plus a per-hour rate equivalent to 150 per cent of their regular workday’s hourly work rate. Workers who will not report for duty will still be getting an amount that is at least their daily wage.
In Manitoba, employees of businesses in most industries are not allowed to work on Nov. 11, though the day is not recognized as a statutory holiday. However, there are a few exceptions. Employees working in hospitals, hotels and restaurants, emergency repairs business, farming, and a few other industries will be allowed to do business, according to the Manitoba government. All retail businesses must also be closed from 9 a.m. to 1 p.m. on Remembrance Day.
Employees in Manitoba who work on the holiday will be paid at least half the hours of a normal workday at 1.5 times their regular wages, according to the government. For example, employees who work two hours on the holiday, but normally work an eight-hour day, are paid four hours at 1.5 times their regular wage. Employees who work more than half their normal hours on Remembrance Day are paid 1.5 times their regular wage for all hours worked, plus a regular day’s pay.
Note that employers in Manitoba are not required to pay employees who do not work on Remembrance Day, but it has become common practice to do so.
Remembrance Day is a paid public holiday in New Brunswick for eligible employees. To be eligible, employees must be employed by the employer for at least 90 calendar days during the 12 months before the holiday. They, too, must work their scheduled regular day before and after the holiday, according to the government.
Employees who work on the holiday will be paid a regular day’s pay plus 1.5 times their regular wages for the hours that they worked, says the government. Employees who do not go to work will still be paid their regular pay.
Newfoundland and Labrador
Newfoundland and Labrador also list Remembrance Day as one of its public holidays, and the government even allows employees working on that day to choose which way they want to be paid.
Employees in the province who work on the holiday can either receive wages at twice their rate for the hours worked, get an additional day off with pay within 30 days of the holiday or get an additional paid vacation day, according to the Canadian Federation of Independent Business. All employees are eligible for this benefit.
Should employees work less than their scheduled hours, they will be entitled to receive wages at their regular rate for the hours worked plus a regular day’s pay.
Remembrance Day is a statutory holiday in the Northwest Territories.
There are several conditions employees must meet to qualify for statutory holiday pay. They: must have worked for the employer for 30 days within the 12 months prior to the holiday; must report to work on their last scheduled workday prior to the holiday and their next scheduled work day following the holiday; and they must report to work on the holiday if they are scheduled, or called to work.
An employee on pregnancy or parental leave is not entitled to statutory holiday pay while they are on leave, according to the government, while part-time employees are entitled to statutory holiday pay once they meet the conditions set out above.
If an employee meets all the conditions for entitlement to statutory holiday pay and has the day off, they are entitled to receive an average day’s pay for the holiday. If an employee meets all the conditions and works on a statutory holiday, they must receive payment for the hours that they worked at the rate of time and a half, plus an average day’s pay.
As an alternative, the employer may transfer the holiday to another day giving the employee a day off with pay. Overtime is paid after eight hours per day and 40 hours per week. During a week containing a statutory holiday, overtime is calculated after eight hours per day and 32 regular hours in that week. The payment for the statutory holiday is calculated separately.
Even though Nova Scotia’s Labour Standards Code does not include Remembrance Day, the province still has a special wage treatment for employees working on the day. Employees who work on the holiday will be entitled to receive another day off with pay agreed upon between the employee and the employer, according to the Nova Scotia government.
Employees will be eligible for this if they have worked for at least 15 of the 30 calendar days immediately before Remembrance Day.
Remembrance Day is a public service holiday in Nunavut. Employees are not eligible for pay if they: have not worked for the same employer for a total of 30 days in the 12 months preceding the holiday; did not report to work on that day after having been called to work on that day; did not report for work on either their last regular working day preceding or following the holiday, without the consent of the employer; are on pregnancy or parental leave.
In general, if an employee does not work on Remembrance Day, they are entitled to a regular’s day pay. If they worked on the general holiday, they are entitled to either another day off work with pay or a normal day’s pay plus 1.5 times their regular rate of pay for the time worked, according to the government.
Based on Ontario’s official website, the province does not recognize Remembrance Day as a holiday. However, some employers can give employees time off if they decide to do so.
Prince Edward Island
In Prince Edward Island, Remembrance Day is a paid holiday. Employees qualified for the paid holiday are those employed by the same employer for 30 calendar days prior to the holiday, who have earned pay on at least 15 of the 30 calendar days before the holiday and who
have worked their last scheduled shift before the holiday and their first scheduled shift after the holiday. The third criteria may be up to the decision of the employer, according to the government.
Qualified employees who work on Remembrance Day receive a regular day's pay plus 1.5 times the employee's regular rate of wages for the number of hours worked on that holiday. Employees working on that day also receive their regular rate of wages for the number of hours worked on that day plus another day off with the employee's regular day of pay on a date agreed upon by the employer and employee before the employee's next paid vacation.
Qualified employees will receive their regular day’s pay should they not work on the holiday.
Remembrance Day is not a statutory holiday in Quebec.
Employees in Saskatchewan also get a special holiday for Remembrance Day. Employees who have been employed by the company for more than a month will receive a holiday pay equivalent to five per cent of their total earnings, including commission and vacation pay, in the four weeks leading up to the holiday.
Should employees decide to work on the holiday, they will be entitled to both public holiday pay and a premium pay of 1.5 times their hourly wage for each hour worked. Premium pay is paid on top of the employee’s public holiday pay for that day, according to the Saskatchewan government.
In Yukon, Remembrance Day is recognized as a statutory holiday. Employees are qualified to receive holiday pay even if they don’t come to work if they have been employed by the same employer 30 calendar days before this holiday and they work their last scheduled shift before the holiday and their first scheduled shift after the holiday, unless their absence is permitted by the Employment Standards Act, says the Yukon government. Permission may be based on a sick leave or a requested and approved day off.
Should employees in Yukon decide to work on Remembrance Day, they may be paid at the applicable overtime rate for all hours worked on the statutory holiday or paid at their regular rate for hours worked on the holiday and be given a day off.