Figuring out statutory holiday pay in Ontario can feel like a puzzle, especially with all the rules. But don’t worry, it’s not as complicated as it sounds. This guide will break down how to calculate stat pay in Ontario, so you and your employees know exactly where you stand. We’ll cover who gets it, how it’s calculated, and what to do if someone works on the holiday.
So, what exactly is statutory holiday pay in Ontario? Think of it as a special kind of pay that eligible employees are entitled to receive when a public holiday comes around. It’s basically a way to make sure that workers get compensated even if they have to take the day off, or if they end up working on that holiday. The rules are laid out in Ontario’s Employment Standards Act (ESA), and getting it right is pretty important for employers.
Statutory holiday pay is a legal entitlement for most employees in Ontario. It’s not just a nice-to-have; it’s a requirement under the law. This pay is calculated based on an employee’s earnings over a specific period before the holiday. The goal is to provide a form of compensation that reflects their usual earnings, whether they get the day off or have to work.
Here’s a quick rundown of what it generally involves:
Understanding these rules helps avoid confusion and ensures that both employees and employers are on the same page regarding holiday pay. It’s all about fairness and following the law.
It can seem a bit complicated at first, especially with different ways to calculate it depending on how often you work and how much you earn. But don’t worry, we’ll break down the formulas and what goes into the calculations so you can figure it out.

Alright, let’s talk about the nitty-gritty of statutory holiday pay in Ontario, as laid out by the Employment Standards Act, or ESA for short. It’s not just about giving people a day off; there are specific rules to follow to make sure everyone gets what they’re owed. The ESA is the law that governs these entitlements, and understanding it is key for any employer in the province.
Basically, the ESA sets out who gets paid for stat holidays and how that pay is calculated. It’s designed to give employees a break and compensation for public holidays. Most employees are eligible, whether they work full-time, part-time, or even on a contract basis. The rules are pretty consistent across the board, but there are a few exceptions, which we’ll get into later.
Here’s a quick rundown of what the ESA generally covers:
It’s important to remember that while the ESA provides a framework, there can be specific situations or industries with special rules. For instance, some jobs might have exemptions or different requirements. You can find more detailed information on special rules and exemptions if you think your business might fall into one of those categories.
The goal of these rules is to ensure fairness. Employees get a paid day off for recognized holidays, and if they work, they’re compensated accordingly. It’s all about making sure everyone’s treated equitably under the law.
Getting this right means fewer headaches down the line. If you’re unsure about how the ESA applies to your specific situation, it’s always a good idea to check the official resources or consult with an employment standards advisor.
So, who actually gets this statutory holiday pay in Ontario? It’s a pretty common question, and honestly, most employees are eligible. Whether you’re working full-time, part-time, on a contract, or even as a temporary staff member, you generally qualify. It doesn’t matter how long you’ve been with the company either; if you meet the basic criteria, you’re in.
There are a few key things that usually make an employee eligible:
It’s not super complicated, but there are specific rules. For instance, if you’re on vacation or sick leave during the holiday, you might still be entitled to it, often with a substitute day off. The Employment Standards Act lays out these details pretty clearly, and it’s worth knowing your rights.
The main idea behind statutory holiday pay is to give employees compensation for a paid day off that they would normally have worked. It’s meant to ensure that people don’t lose out on pay just because a holiday falls on a workday. This applies even if the holiday falls on a weekend and is observed on a different day.
Now, there are some exceptions, of course. The most common one is the “last and first rule.” This means if you miss the last scheduled workday before the holiday or the first scheduled workday after the holiday without a good reason (like being sick with a doctor’s note), you might not get the stat pay. It’s a way to make sure people are actually taking the holiday and not just extending their time off without permission. For more details on these specific rules, you can check out the Ontario employment standards.
Basically, if you’re a regular employee who shows up for work as scheduled, you’re likely eligible for statutory holiday pay. It’s a benefit most workers in Ontario are entitled to.
Ontario has a set list of statutory holidays that employees are entitled to, provided they meet the eligibility criteria. These are the days that, by law, are recognized as public holidays. If a statutory holiday falls on a weekend, the holiday is typically observed on the following business day.
Here are the statutory holidays observed in Ontario:
It’s important to note that some holidays, like the Civic Holiday, are not officially recognized as statutory holidays in Ontario, even though they might be observed by some employers.

Understanding which days are official statutory holidays is the first step in correctly calculating holiday pay. This list is set by the Employment Standards Act (ESA) and applies to most employees in the province.
So, what exactly is “public holiday pay” in Ontario? It’s not just a fancy term; it has a specific meaning under the Employment Standards Act. Basically, it’s the money an eligible employee receives for a statutory holiday when they don’t work on that day. Think of it as compensation for the day off.
The core idea is that you get paid for the holiday even if you aren’t working. This applies to most employees who meet certain criteria, like having worked for their employer for a certain amount of time and not having missed scheduled shifts without a good reason before the holiday.
Here’s a breakdown of how it generally works:
It’s important to know that the calculation for this pay isn’t arbitrary. It’s based on your earnings over a specific period before the holiday. We’ll get into the exact formulas in the next sections, but the principle is to reflect your typical earnings.
The calculation for public holiday pay is designed to be fair, reflecting what an employee would normally earn. It takes into account regular wages and vacation pay earned in the four weeks leading up to the holiday. This ensures that employees are compensated appropriately for the statutory holiday, whether they work or not.
Understanding these definitions is key to making sure you’re getting what you’re owed. It’s all about fair compensation for statutory holidays in Ontario, and knowing the rules helps eligible employees understand their rights.
Alright, let’s break down how to figure out that statutory holiday pay in Ontario. It’s not as complicated as it might sound at first, honestly. The main idea is to make sure employees get paid fairly, even when they’re off for a holiday or if they have to work through it.
The most common way to calculate this is by looking at the employee’s earnings over the four weeks right before the statutory holiday.
Here’s the basic formula you’ll often see:
So, the formula looks like this:
(Total Regular Wages in 4 Weeks + Total Vacation Pay in 4 Weeks) / 20 = Statutory Holiday Pay
This amount is what an eligible employee should receive if they get the day off. If they work on the holiday, things can change a bit, which we’ll get into later. But this 1/20th calculation is the foundation for most situations.
Remember, the “four weeks” refers to the employer’s work week cycle, not necessarily a calendar month. It’s important to be consistent with how you define these periods for all your employees.
Okay, so you’ve got employees, and a statutory holiday is coming up. How do you figure out their holiday pay, especially if their hours bounce around a bit? The most common way employers in Ontario handle this is by using a 4-week average. It sounds a bit complicated, but it’s really just a way to make sure everyone gets paid fairly, even if they don’t work the same number of hours each week.
The basic idea is to look at what the employee earned in the four full weeks right before the statutory holiday. This gives you a good snapshot of their typical earnings.
Here’s how it generally works:
This number, $750 ÷ 20 = $37.50, is what the employee gets as their statutory holiday pay if they get the day off. It’s like a guaranteed pay for the holiday itself.
Remember, these 4 weeks are based on the employer’s work week, not necessarily a calendar week. So, make sure you’re looking at the correct four-week span that your business uses for payroll.
This method is pretty standard for most employees, whether they’re full-time, part-time, or casual. It’s designed to be a fair way to calculate pay for employees in Ontario with flexible hours who might not have a consistent weekly income. It’s all about averaging out their earnings to figure out what a typical day’s pay looks like for them.
When you’re figuring out statutory holiday pay in Ontario, it’s not just about the base hourly rate. The Employment Standards Act (ESA) has specific rules about what counts as ‘wages’ for these calculations. Basically, if you regularly earn it, it likely counts towards your stat pay.
Here’s a breakdown of what typically gets included:
It’s important to remember that the goal is to figure out what your average earnings would have been if you had worked a regular day. This is why a variety of your regular earnings is considered.
The key principle is to capture the employee’s typical earnings. If a payment is a regular part of their compensation and reflects their usual work, it’s likely to be part of the stat pay calculation. This prevents employees from losing out on earnings they’d normally expect just because a holiday falls on a workday.
For example, if an employee earns an hourly wage plus regular commissions, both of those amounts will be factored into the average daily wage used for stat pay calculations. This ensures fairness and compliance with Ontario’s employment laws.
When figuring out statutory holiday pay, not every dollar an employee earns gets counted. It’s like baking a cake – you need the right ingredients, but too much of one thing, or the wrong kind altogether, can mess up the whole recipe.
So, what usually doesn’t cut stat pay calculations?
It’s important to remember that the goal of statutory holiday pay is to compensate an employee for a day they would normally work but are getting off because of the holiday. Therefore, earnings that are outside of their regular pay structure, like overtime or unpredictable tips, are usually left out of the equation.
Think of it this way: the calculation is meant to reflect what the employee would have earned on a typical workday. Things like overtime are extra, and tips are a separate arrangement. For a more detailed look at what’s included, you might want to check out the Ontario Employment Standards Act details.
Calculating statutory holiday pay for full-time employees in Ontario is pretty straightforward, especially when you compare it to some of the more complex situations. The key thing to remember is that eligible full-time employees are entitled to their regular pay for the stat holiday, even if they don’t work that day. This is often referred to as “public holiday pay.”

The standard method involves looking at the employee’s earnings over a specific period before the holiday.
Here’s a breakdown of how to figure it out:
So, the basic formula looks like this:
(Total Regular Wages in the 4 Weeks Before the Holiday + Total Vacation Pay in the 4 Weeks Before the Holiday) / 20 = Statutory Holiday Pay
This calculation applies whether the employee works on the stat holiday or gets the day off. If they do work on the stat holiday, they’ll receive this statutory holiday pay in addition to their regular pay for the hours worked, or they might get premium pay and a day off in lieu, depending on the agreement. Understanding these rules is key to avoiding legal issues.
It’s worth noting that if a statutory holiday falls on a weekend, the following Monday is typically observed. This doesn’t change the calculation method, just the date the holiday is recognized.
Figuring out statutory holiday pay for part-time and casual workers in Ontario might seem a bit tricky at first, but it follows the same basic rules as for full-time staff. The key thing to remember is that eligibility isn’t about how many hours you work per week, but rather if you meet the general criteria set out by the Employment Standards Act (ESA). So, if you’re working part-time or on a casual basis, you’re likely entitled to stat pay just like anyone else, provided you qualify.
The core calculation method remains the same: an average of your earnings over the four weeks before the holiday. This means your regular pay, plus any vacation pay you received during those four weeks, is divided by 20. It doesn’t matter if your hours fluctuate week to week; the calculation looks at your total earnings in that specific four-week window.
Here’s a quick rundown of how it generally works:
Let’s say you’re a casual employee and worked these hours and earned this pay in the four weeks before a stat holiday:
| Week | Hours Worked | Gross Pay | Vacation Pay | Total Earnings for Week |
| 1 | 15 | $225.00 | $9.00 | $234.00 |
| 2 | 20 | $300.00 | $12.00 | $312.00 |
| 3 | 12 | $180.00 | $7.20 | $187.20 |
| 4 | 18 | $270.00 | $10.80 | $280.80 |
In this scenario, your total earnings over the four weeks would be $234.00 + $312.00 + $187.20 + $280.80 = $1014.00. Then, you’d divide this by 20 to get your stat holiday pay: $1014.00 / 20 = $50.70.
Employers need to keep accurate records of all wages paid, including vacation pay, for at least three years. This helps make sure that when a statutory holiday comes around, the calculation is straightforward and correct, even for employees whose work schedules aren’t the same every week. This way, everyone gets what they’re owed according to the law.
Calculating statutory holiday pay for employees with irregular hours in Ontario can feel a bit like trying to nail jelly to a wall. Because their work schedules aren’t consistent, figuring out what they’re owed requires a slightly different approach than for those with a steady 9-to-5. The key is to look at their recent earnings.
The standard method involves averaging their pay over a specific period before the holiday. This ensures that even if they worked more or fewer hours in a given week, their holiday pay reflects their typical earnings.
Here’s a breakdown of how it generally works:
It’s important to remember that this calculation is for the holiday itself, assuming the employee gets the day off. If they work on the statutory holiday, the rules change, and they’re usually entitled to premium pay on top of their regular wages or holiday pay. This is where things can get even more complex, so always double-check the specific rules for working on a stat holiday.
For employees whose hours fluctuate wildly, using a consistent method based on their recent earnings is the fairest way to calculate their statutory holiday pay. It acknowledges their varied work schedule while still adhering to the Employment Standards Act.
Remember, if you’re unsure about any part of the calculation, consulting the official Employment Standards Act or seeking advice from a payroll professional is always a good idea. Getting it right means happy employees and a compliant business.
So, what happens when an employee actually works on a statutory holiday? It’s not as simple as just paying them their regular hourly rate for the hours worked. In Ontario, if an employee works on a public holiday, they are entitled to two things:
This premium pay is typically one and a half times (1.5x) their regular rate of pay for all the hours worked on the statutory holiday. So, if someone normally makes $20 an hour, and they work on a stat holiday, they get their regular stat holiday pay plus $30 for every hour they worked that day.
There’s a bit of a twist, though. An employer and employee can agree, either in writing or electronically, to give the employee a different day off with pay instead of the premium pay for working on the holiday. This alternative day off must be taken within three months of the holiday, or if that’s not possible, it must be paid out with the employee’s next paycheque. If the employee works on the stat holiday and the employer chooses to give an alternative day off, the employee still gets their regular statutory holiday pay, but they don’t get the premium pay for working on the holiday.
Here’s a quick breakdown of the options when an employee works on a stat holiday:
It’s important to get this right. Miscalculating or failing to provide the correct compensation can lead to serious issues for employers.
When an employee works on a statutory holiday, they are owed their regular statutory holiday pay and premium pay for the hours worked on that day, unless they agree to take a different day off with pay instead. This alternative day off must be taken within three months or paid out. The key is that they always get their base statutory holiday pay, regardless of whether they work or not, and then additional compensation if they do work.
So, what happens if you actually have to work on a statutory holiday? Ontario law gives employees a couple of options, and it really depends on what you and your employer agree to.
The main choices boil down to getting paid extra for working the holiday or getting a different day off with pay later on.
Here’s a quick rundown:
It’s important to remember that if you choose the substitute day off, you’ll get paid your regular wages for the stat holiday itself, but you won’t get the extra premium pay. The substitute day is then paid out as if it were the original stat holiday when you actually take it.
If you agreed to work on the stat holiday but then didn’t show up without a good reason, you might lose your right to either premium pay or a substitute day off. The same goes if you agreed to work but only ended up working part of the time without a valid excuse – you might only get paid for the hours you actually worked, and not get the stat holiday pay or a day off.
If your employment ends before you can take a substitute day off that you’ve earned, your employer has to pay you for that day when they give you your final pay.
It’s surprisingly easy to mess up statutory holiday pay calculations, even with the best intentions. Many employers trip up by not including all the right wages in their calculations. Remember, it’s not just base pay; things like commissions and even vacation pay earned in the four weeks before the holiday usually count. Overlooking these variable earnings is a big one.
Another common pitfall is how overtime is handled. Generally, overtime pay isn’t included when figuring out the average daily wage for stat pay. But if an employee works on the holiday itself, they’re usually entitled to their regular stat holiday pay plus premium pay (often time-and-a-half) for the hours worked on that day. Mixing these up can lead to under- or overpayments.
Here are a few other frequent errors:
The Employment Standards Act lays out clear rules, and while they might seem complicated, they’re designed to protect employees. When in doubt, it’s always better to err on the side of paying more rather than less, or to consult the official Ontario government resources.
Finally, some employers forget that if an employee works on the statutory holiday, they’re entitled to both the statutory holiday pay and premium pay for the hours worked on that day, or an alternative day off with premium pay. It’s not an either/or situation for the pay itself.
So, what happens if an employer messes up the statutory holiday pay calculation? It’s not just a slap on the wrist, you know. The Ministry of Labour, Immigration, Training and Skills Development in Ontario takes these things pretty seriously. If an employer consistently gets it wrong, or if they’re found to have deliberately underpaid employees, there can be some real consequences.
First off, employees have rights. If you think you haven’t been paid correctly for a statutory holiday, you can file a wage claim with the Ministry. They’ll investigate, and if they find the employer owes you money, they’ll order them to pay up. This can include back pay for any missed statutory holiday pay, and sometimes even interest on that amount.
Here’s a quick rundown of what can happen:
It’s not just about getting the money you’re owed, either. It’s about making sure employers are following the rules. Getting stat pay wrong can lead to a lot of frustration for employees and can really damage morale within a company.
Remember, the Employment Standards Act is there to protect workers. If you’re unsure about your stat pay, don’t hesitate to reach out to the Ministry or seek advice. It’s better to be informed than to miss out on pay you’ve rightfully earned.
When pay is calculated incorrectly, there can be penalties for businesses and rights for employees. It’s important to know what happens if your pay isn’t right. If you want to learn more about these rules and your options, visit our website for details.
Yes, some employees aren’t eligible. A common reason is if they miss the ‘last and first rule,’ which means they must work the scheduled day before and the scheduled day after the holiday, unless they have a good reason for missing either day.
If you work on a stat holiday, you have a couple of options. You can get paid your regular wages for the day plus extra ‘premium pay’ (usually time-and-a-half), or you can get your regular wages for the day and get another day off later with pay.
Ontario has nine statutory holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
If a statutory holiday lands on a Saturday or Sunday, the holiday is usually observed on the following Monday (or Tuesday if Monday is also a holiday).
If an employer doesn’t pay the correct amount of statutory holiday pay, they can face penalties. Employees have the right to be paid what they are owed, and they can file a claim with the Ministry of Labour if there’s a dispute.