The Labour Standards Code states:
Employers may substitute any general holiday for another day, if:
- their employees agree, and
- the employer applies and the application is approved.
Refer to Sections 37 and 39 of the Labour Standards Code.
There are five (5) general holidays under the Labour Standards Code, including: New Year's Day, Good Friday, Canada Day, Labour Day, and Christmas Day.
If the employer and the employees want to work the holiday as usual and observe the holiday on a different day, the employer can apply for approval to do this.
For example, in a year when Canada Day falls on a Thursday, everyone may agree that they want to work on July 1 but take the next day, Friday July 2 off as a holiday.
The employer may apply to the Director of Labour Standards for approval to substitute the holiday. To apply, the employer would: