Given that Canada Day fell on a Sunday this year, there appears
to be some confusion among employers regarding which day attracts
statutory holiday pay under the Employment Standards Act, ("the
Act"). This year the Canada Day
statutory holiday will occur on Monday, July 2nd instead
of Sunday, July 1st. This means that employees who have been
employed for 30 calendar days before the statutory holiday and have
worked or earned wages on 15 of the 30 days immediately before
Monday are eligible for statutory holiday pay.
If you have an employee who will be given the day off on Monday,
or if it is their regular day off, that employee is entitled to be
paid an average day's pay. This is calculated by dividing
"total wages" earned in the last 30 days by the amount of
days worked by the employee in the 30 day period. Vacation days
taken during this time count as days worked. Further, "total
wages" includes commissions, statutory holiday pay, vacation
pay and wages. However,