Thursday, October 11, 2012

Questions? HRNC can assist you with the answer.


(I am posting my response to a question in this blog because I believe that others may have similar situations and do not know who to ask.)
Thank you for asking your question of HRNC.

Let me re-frame the question as I understand you.

The employer has an operation that operates seven days a week but not 24/7.  They close on Sunday for the Public Holiday, but that is not your scheduled day to work.  Do you still receive another paid day off in lieu of that day or not?

My answer is "that depends" which I know sounds frustrating.
  • If this company falls under any of the exemptions, such as Crown or federal employees they follow Federal Regulation.
  • Have employees signed an agreement with the employer regarding Public Holidays?
  • There are more circumstances which is why I said "that depends".
Section 29(1) of the Employment Standards Act covers Public Holiday Not Ordinarily a Working Day.

29(1) If a public holiday falls on a day that would not ordinarily be a working day for an employee or a day on which the employee is on vacation, the employer shall substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday.

I hope this answers your question.  Now you can look for this section and see if there are any other exemptions for the work that you do that may cause the employer not to give unscheduled employees another day off.

Please let me know how this answer works for you.  I am interested in the many industries and situations and the interpretation of the Act.

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