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ARTICLE · 20 MAY 2009

Family Day In Ontario - An Update

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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We have now had two Family Day holidays since the Ontario Government’s creation of the ninth paid public holiday under the "Employment Standards Act, 2000" (“ESA”).

CanadaEmployment and HR

We have now had two Family Day holidays since the Ontario Government's creation of the ninth paid public holiday under the Employment Standards Act, 2000 ("ESA"). Since then, there have been several arbitration awards regarding whether employers are required to provide Family Day as a paid holiday.

As we noted in our previous Legal Alert on Family Day, in situations where employers are currently providing a "greater right or benefit" to employees, subsection 5(2) of the ESA applies, and provides that:

If one or more provisions in an employment contract or in another Act that directly relate to the same subject matter as an employment standard provide a greater benefit to an employee than the employment standard, the provision or provisions in the contract or Act apply and the employment standard does not apply.

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