Remembrance Day Holiday

Remembrance Day is a holiday under the Remembrance Day Act and is somewhat different than the 5 general holidays listed in the Labour Standards Code.

Following are some of the features of the Remembrance Day holiday:

1. Employees required to work on Remembrance Day get an alternate day off with pay, except for those types of businesses that are exempt from the Act.
2. Employees who do not work that day, do not get paid for the day, unless the employer offers pay as an added benefit - check with your employer.
3. Remembrance Day must be observed on the actual date.

Questions and Answers:

Q.  If Remembrance Day falls on a Tuesday, can employees observe the holiday on Monday instead?

A:  No. There are no provisions in the Remembrance Day Act for "switching" the holiday. Employees must observe the holiday on the actual date.

Q.  What about employees who have to work on Remembrance Day? Do they get paid more for working that day?

A:  Most, but not all, employees who work that day, and who meet the requirements, are entitled to receive a holiday with pay on the day immediately following the employees annual vacation or on another day agreed upon by the employee and employer.

Q.  What requirements do employees have to meet to get another day off with pay if they work on Remembrance Day?

A:  

1. The employee is required to work on Remembrance Day
2. The employee has received or is entitled to receive wages for at least 15 days during the 30 days immediately before Remembrance Day

Q.  Does everyone who works on Remembrance Day get another day off with pay?

A:  No. Employees working in the following industries are exempt from the Remembrance Day Act. This means that even if they work on Remembrance Day, they do not get an alternate day off with pay. The industries are:

• farming, fishing and aquaculture
• Christmas Tree operations, tree harvesting
• logging and forest industry as defined by the Labour Standards Code
• industrial undertakings as defined by the Labour Standards Code (section 2(h)) *

Q.  If the employee qualifies for the extra day off with pay, does that day off definitely have to be taken on the working day immediately after the employee's vacation?

A:  No - the day off can be at another time agreed upon by both the employer and the employee.

Q.  Do workers have the right to refuse to work on Remembrance Day?

A:  No. The Labour Standards Code does not give employees the right to refuse to work on Remembrance Day.

Q.  What are the closing rules for Remembrance Day?

A:  Remembrance Day has different closing rules from the Designated Closing Days. There are rules concerning the closing of retail businesses on Remembrance Day, but some businesses that are not retail are also required to close. The closing rules do not apply to the types of businesses that are exempt from the Remembrance Day Act, as noted above. The Nova Scotia Department of Justice is responsible for enforcing the rules regarding businesses being required to close on Remembrance Day. Businesses with questions about whether they can open on Remembrance Day should consult the Remembrance Day Act, and seek legal advice if necessary.

Most retail businesses are required to close on Remembrance Day, with the following exceptions:

• drug stores, except those in department stores
• service stations
• the hospitality industry
• stores with no more than three persons at any one time operating them
• the operation of a bakery for the baking of products for sale on the next day
• broadcasting
• other retail businesses can remain open until 6am on Remembrance Day to finish a regular shift that started the previous day or to begin, after 9:00pm on Remembrance Day, a regular shift that continues into the following day

If you have questions, please contact us.