What you need to know about National Patriots’ Day statutory holiday May 21st, 2018
The employer must give the Monday preceding 25 May as a statutory holiday. (Article 6.01)
If the statutory holiday falls on a working day, the employee will be entitled to compensation for a normal day’s work. (Article 6.03)
In the statutory holiday falls on a non-work day, the employee will be entitled to compensation equal to 1/20th of the salary earned during the last four complete pay weeks preceding the week of the holiday without taking overtime hours into account. (Article 6.03)
To be granted a statutory holiday, the employee must have:
- worked on the last working day preceding the statutory holiday
- worked the first working day following the statutory holiday
- received permission from the employer or have a valid reason for his or her absence.
If the employee is suspended in less than 48 hours preceding or following the statutory holiday, he or she retains the right to the paid statutory holiday.
Please refer to Articles 6.01 to 6.05 of the Decree for any further information regarding statutory holidays.
Excerpt from the Decree respecting the automotive services industry in the Montréal region:
Statutory General Holidays
6.01. The following days are statutory general holidays:
3 – The Monday preceding 25 May;
6.02. To be entitled to a statutory general holiday provided for in section 6.01, an employee must have worked on the last working day preceding the holiday and the first working day following that holiday, unless the employee is authorized to be absent in accordance with the Decree, with the Act or by his employer, or unless he is absent for a valid reason and receives no indemnity from the Commission de la santé et de la sécurité du travail.
An employee who was laid off (…) for less than 48 hours preceding or following the other holidays provided for in section 6.01, is entitled to a statutory general holiday provided for in 6.01 if he worked on the last working day preceding the holiday and the first working day following it.
6.03. The employer must pay to an employee who is entitled to a holiday provided for in section 6.01:
1- an indemnity equal to 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday, excluding overtime, where the holiday coincides with a non-working day for the employee;
2- an indemnity equal to the remuneration he would have received if he had been at work, where the holiday coincides with a working day for the employee: however, for an employee credited with less than 20 days of uninterrupted service in the undertaking, the indemnity will be calculated in accordance with the terms and conditions of subparagraph 1.
However, for an employee provided for in the second paragraph of section 6.02, the indemnity is equal to 1/20 of the wages earned during the four complete pay weeks preceding his layoff.
6.04. An employee who works on one of the holidays provided for in section 6.01 is paid for the hours worked at his wage currently paid, as well as receiving the indemnity for that holiday.
6.05. If an employee is on annual leave on one of the holidays provided for in section 6.01, the employer must pay him the indemnity provided for in section 6.03 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee.
4.01. Hours works in addition to the standard workday or workweek entail a premium of 50% of the hourly wage currently paid to the employee.
4.02. For the purposes of computing overtime, annual leaves and paid statutory general holidays are counted as days of work.
For further information, please do not hesitate to contact the Inspection and Contentious Department at 514 288-3003 or using our contact form.