Paid general holiday – Christmas 2021 and New year’s day 2022

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

Employer

You need to give your employees the following holidays:

  • December 25 and 26, 2021
  • January 1st and 2nd, 2022

Employee

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

Worked on the last working day preceding the holiday and 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 and receives no indemnity from the CNESST.

“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.

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