CPA Montréal

Your partner for a skilled and certified workforce

Labor Day

Here is what you need to know about this paid general holiday.

 

Employer

You need to give your employees the statutory holiday of the first (1st) Monday of September for Labour day.

 

Employee

You need to satisfy all the following conditions to receive a statutory general holiday:

1. Worked on the last working day preceding the holiday and on the first working day following the holiday.

AND

2. If you were absent on one of these days, you may still receive a statutory general day if:

  • You received authorization from your employer or you have a valid reason for being absent.

 

“Working day” as defined in the Decree

Working days vary according to the employee’s duties (working hours) rather than the undertaking.

 


 

Calculating the indemnity to be paid

Working day for an employee

  • The indemnity is equal to a standard workday.

 

Non-working day or less than 20 days of uninterrupted service for an employee

  • 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday excluding overtime.

 


 

FAQs

1. Can a holiday be taken on another day?

No, subject to some exceptions:

 

Non-working day for an employee

  • The holiday can be deferred within the 15 days preceding or following the holiday.
  • The employee and the employer must both agree to defer the holiday.

 

Employees on vacation

  • The employer pays the indemnity for the holiday or the employee and the employer must both agree to defer the holiday.

 

2. Do I get paid overtime if I work on a statutory holiday?

Yes. The holiday indemnity is payable in addition to the hours worked.

  • Time over 10 hours/day including the holiday is paid as overtime (+50%)
  • Time over 40 hours/week including the statutory holiday is paid as overtime (+50%)

 


Important

The above information has been provided for information purposes and does not replace the Decree. See articles 6.01 to 6.05 of the Decree.