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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Statutory general holidays and non-working days with pay

Sections
59.1
60
61
62
63
64
65

Section 64

Compensatory holiday

If an employee is on annual leave on one of the holidays contemplated in section 60 or if such a holiday does not coincide with the employee’s regular work schedule, the employer shall pay him the indemnity provided for in section 62 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee or fixed by a collective agreement or a decree.

1979, c. 45, s. 64.

Interpretation

In the case of an employee on annual leave, no time-frame is set by the Act for taking the compensatory holiday, although it should be taken during the current reference year.

It is up to the employer to decide whether to pay said indemnity or grant the compensatory holiday. The employee cannot contest this decision.

The compensatory leave is not a leave without pay and the employer must pay the indemnity stipulated in section 62 ALS for this day.

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