Statutory holidays
Statutory holidays are days off for which workers are entitled to an indemnity. The employer cannot move a statutory holiday.
As a general rule, a public holiday is a day off with pay – and the employer cannot move it.
The indemnity for each public holiday is calculated according to several methods, depending on the worker’s employment status (see table below).
Whether the person is employed full- time or part-time makes no difference to the calculation.
Special cases:
- If the statutory holiday falls on a regular day off (excluding unpaid leave or sick leave, for example) or during the worker’s annual vacation – whether mandated by law or granted by the employer – the holiday compensation remains payable or may be replaced by a paid day off at a later date.
- A worker required to work on a statutory holiday is entitled to their regular pay plus, at the employer’s discretion, either an additional vacation allowance or a paid compensatory day off to be taken within three weeks before or after the holiday concerned.
1/20 of salary earned during the four complete weeks preceding the week in which the holiday occurs (excluding overtime).
Same calculation method, including declared or attributed tips
1/60 of salary earned over the previous 12 full weeks
To be eligible for the indemnity or compensatory leave, the worker must not have been absent from work without valid reason or without the employer’s authorization on the days immediately preceding or following the statutory holiday.
Statutory holidays in Quebec
- January 1 (New Year’s Day);
- Good Friday or Easter Monday, employer’s choice;
- Monday before May 25 (National Patriots’ Day);
- June 24 (special rules apply for national holidays);
- July 1 (Canada Day) or, if this date falls on a Sunday, July 2;
1st Monday in September (Labour Day); - 2nd Monday in October (Thanksgiving);
- December 25 (Christmas Day);
NOTE: Remembrance Day (November 11) and the National Day of Truth and Reconciliation (September 30) are statutory holidays in the rest of Canada, but not in Quebec.
Vacation
All workers, whether full-time or part-time, are entitled to annual leave or vacation. They are compensated by the employer (“vacation pay”).
The minimum duration and amount of the indemnity are determined by the Act respecting labour standards. These are established on the basis of three elements:
- The reference year, i.e. the 12- month period preceding the date on which the worker must take their vacation (new 12-month period);
- The number of years of continuous service of the worker, either for the same employer, without there being a definitive break in the employment contract;
- Gross salary, i.e. the total sums of money earned in exchange for work performed, before allowances and deductions, as received during the reference year.
Here is an overview of how minimum allowances are calculated, based on these criteria:
Vacation duration:
- 1 day per full month
- 2 weeks maximum
Vacation pay :
- 4% of gross salary
Vacation duration:
- 2 consecutive weeks
Vacation pay:
- 4% of gross salary
Vacation duration:
- 3 consecutive weeks
- The employer may decide to grant these workers more than 3 weeks’ vacation.
Vacation pay:
- 6% of gross salary
The longer the worker has been with the business, the greater the advantage.
If entitled to two weeks’ vacation, the worker is entitled to an additional week of unpaid leave. If entitled to three weeks’ vacation or more, the worker can take additional leave at their own expense, this time only with the employer’s approval.
The business may offer its workers a vacation scheme more generous than the statutory minimum,
- Establishing different continuous service brackets;
- Granting additional weeks within each bracket.
The employer approves their workers’ vacation periods and must notify them individually at least 4 weeks before the start of the authorized vacation.
Vacations must be taken within 12 months of the end of the reference year. With the employer’s consent, they may also be taken during the reference year itself – even, in certain circumstances, and always with vacation leave may be deferred beyond the 12 the employer’s consent months following the reference period.
Cases where no specific leave is provided for by law
These situations in particular are not covered by the ALS.
These are:
- Divorce;
- Moving home;
- Birthday.
In all cases not provided for by law, employers are under no obligation to grant leave.
TFW Special
Negotiable arrangements with the employer on a case-by-case basis
An employer may, if they wish, offer additional leave or special arrangements not specifically outlined in the law. This may apply, for example, for temporary foreign workers whose families live abroad, and who may require a longer continuous leave period than what is generally granted within the business.
