Christmas Day Holiday

There are 5 general (paid) holidays listed in the Labour Standards Code: New Year's Day, Good Friday, Canada Day, Labour Day and Christmas Day. These are the minimum number of paid holidays that employers must provide to employees. Many employers offer more paid holidays.

This year, Christmas Day is on a Sunday. Because of this, employers and employees seem to have more questions than usual about when to observe the holiday. Following are some questions and answers that should address most of the inquiries.

Questions and Answers:

Q. 1  I work in a large store. My employer is not allowed to open on Boxing Day and wants to treat that day as the paid holiday. Can she do that?

A.  When a holiday falls on a non-working day for employees, the employer can give the employee, if the employee qualifies for a holiday (see Question #6), a day off with pay:

1. on the working day immediately following the holiday (for this business, that day would be Tuesday December 27th),
   OR
2. on the day immediately following the employee's vacation,
   OR
3. on another day agreed upon between the employee and the employer.

In this situation, since Boxing Day is a non-working day for employees, the employer would only be able to treat Boxing Day as the paid holiday if you agreed to it, same as option #3.

Q. 2  I normally work Sundays. Since we will be closed that day, do I get paid for the day?

A.  Yes, if you qualify, you would get paid the amount that you would be entitled to receive for a normal working day.

Q. 3  I normally work every second Sunday. The business will be open Christmas Day and I am scheduled to work. How does the holiday apply to me?

A.  If you are scheduled to work, and you qualify for holiday pay, you should receive compensation for working the holiday. See Questions 8 and 9.

Q. 4  I normally work every second Sunday. The business will be open Christmas Day and I am not scheduled to work. How does the holiday apply to me?

A.  If you are not scheduled to work, and you qualify for holiday pay, you should receive holiday pay. See Question 1.

Q. 5  I work shifts and my shift begins on December 24 and ends at 2 AM December 25. Do I get holiday pay?

A.  If you do not work in a continuous operation, see Question 8. Your employer should pay you a regular day's pay for the holiday and pay you 1 ½ times your hourly rate of pay for the 2 hours worked on Christmas.

If you work in a continuous operation, your employer should pay you according to the options in Question 8.

Q. 6  Do all employees get a paid holiday?

A.  No. To qualify for the paid holiday, employees must:

• have received or be entitled to receive pay for at least 15 of the 30 days leading up to the holiday, and
• have worked the scheduled working days before and after the holiday. For example, if the employee calls in sick on the last scheduled working day, s/he may not qualify for the paid holiday

Also, some workers are excluded from the rules on holiday pay. For example, people who work under a collective agreement, certain farm workers, real estate salespeople and car salespeople are not covered by the holiday pay rules in the Labour Standards Code.

Q. 7  I work in a call center /hospital /restaurant /transportation. My supervisor tells me I have to work on Christmas Day. Can I refuse to work?

A.  There are no laws to protect employees' jobs should they refuse to work on a holiday. If your reason for refusing the work is on religious grounds, or any other factor protected under human rights legislation, you may consult with the Human Rights Commission at Halifax 424-4111, or toll free 1-877-269-7669 to determine your rights.

Q. 8  I will be working on Christmas Day; my job is in a call center /hospital /restaurant / transportation. How much do I get paid for working that day?

A.   Most, but not all, employees working that day would work in businesses called "continuous operations" in the Labour Standards Code. These businesses are often open on some or all holidays. In continuous operations, your employer can compensate you in one of two ways:

1. Pay you a regular day's pay for the day plus 1 ½ times your rate of pay for every hour you work on the holiday.
   OR
2. Pay you your regular pay for the day plus give you another day off with pay; this day would be added to your annual vacation. Or you and your employer can agree that you would get any other day off with pay.

Q. 9  I will be working that day but it is not in a business you call a "continuous operation". How much should I get paid?

A.  Your employer should pay you a regular day's pay for the day plus 1 ½ times your rate of pay for every hour you work on the holiday.

Q. 10  If I am on vacation over Christmas, do I get holiday pay?

A.  If you qualify (see Question #5) for a paid holiday, you would get another day off with pay. Here are the options:

1. Your employer can decide that you would get your next scheduled work day off with pay - for many employees, that day would be Tuesday, December 27^th
   OR
2. Your employer can decide that you would get an extra day off with pay at the end of your annual vacation
   OR
3. You and your employer can agree that you would get any other day off with pay.

Do you have any other questions about holidays and holiday pay?

Call our inquiries line toll free at 1-888-315-0110, or Halifax area 424-4311