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Statutory holidays

Remember

To make sure that you are applying the statutory holiday standard correctly, you must:

  • check that the employee meets the eligibility requirements
  • determine whether you are granting an indemnity or a compensatory leave to an employee who has to work on a statutory holiday
  • determine whether you are granting an indemnity or a compensatory leave to an employee who is on vacation on a statutory holiday
  • calculate the employee’s statutory holiday indemnity, if necessary.
    To learn more, consult the Human Resource Management Guide.

Be advised

  • A clear policy concerning the types of authorized absences helps prevent disagreements between you and your employees.
  • It is up to you to decide on the normal workweek. This period extends from midnight on a given day to the end of the 7th day. It is used to establish the statutory holiday indemnity and the entitlement to overtime. In addition, it serves as a reference for the payment of wages at the regular rate.
  • You are responsible for making a note of the working hours of your employees. We suggest that you use a management tool (time sheets, time clock, etc.) which records all the data concerning them. You must keep these registers for 3 years.

In case of disagreement

Meet with your employee

Clarify the situation and, wherever possible, resolve the problem.

If the initiative comes from your employee, keep in mind that the Act prohibits you from exercising any form of reprisals against him.

Get informed

Get in touch with the Service des renseignements by telephone or e-mail, if necessary

By acting promptly, you will limit the risks of having a complaint filed against you with the Commission des normes, de l'équité, de la santé et de la sécurité du travail. It is in your interest and that of your employee.

If the problem is not resolved, a complaint may be filed against you. In this case, be prepared to:

  • give your version of the facts
  • submit every document required by the inspector-investigator
  • pay the established claim, if any, failing which you may be subject to legal proceedings

A refusal to cooperate may result in penal proceedings and fines.  

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