CPA Montréal

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15 May

Journée nationale des patriotes

The Journée nationale des Patriotes is fast approaching. Here is what you need to know about this paid general holiday

 

What you need to know

Employer

You need to give your employees the statutory holiday on May 20, 2019 for the Journée nationale des patriotes

 

Employee

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

  • You worked on the last working day preceding the holiday
  • You worked on the first working day following the holiday

 

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 for an employee

  • 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday
  • Do not include overtime in the calculation

 

Less than 20 days of uninterrupted service

  • 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday
  • Do not include overtime in the calculation

 

FAQs

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

 

Can an employer require an employee to work on a holiday?

Yes

  • The employee is paid the indemnity for the holiday, in addition to being paid for the hours worked
  • Time over 10 hours is paid as overtime (+50%)
  • The hours of the statutory day and the hours worked must be counted in the calculation of a normal 40-hour week

 

An employee is laid off less than 48 hours before or after the holiday. Does he still have a right to the paid general day?

Yes

 

Journée nationale des patriotes

Have a good Journée nationale des patriotes!


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

 

Related links

ARTICLES 6.01 TO 6.05 OF THE DECREE