Thanksgiving Day in Canada, celebrated on the second Monday in October, falls on Monday, October 14th this year. In Ontario, this holiday carries specific entitlements under the Employment Standards Act (ESA), making it crucial for employers to understand their obligations regarding employee compensation and holiday rights. Ensuring correct holiday pay and compliance with the ESA is essential to maintaining fair workplace practices and upholding employee rights on statutory holidays like Thanksgiving.
Is Thanksgiving Day a Paid Day Off in Ontario?
Yes, Thanksgiving Day is a statutory holiday in Ontario under the ESA, which means most employees are entitled to a paid day off. This allows workers to enjoy the day’s celebrations without worrying about a loss in income.
Who is Entitled to Thanksgiving Day Off?
The ESA ensures that full-time, part-time, and most temporary employees in provincially regulated sectors are entitled to take Thanksgiving Day off with pay. This legislation ensures that the majority of Ontario’s workforce can observe this important holiday. Exceptions to Thanksgiving Day Entitlement While the ESA covers most workers, some employees in federally regulated industries, such as transportation and telecommunications, may not be subject to provincial labor laws. Additionally, employees in essential services (e.g., healthcare, emergency services) may be required to work on Thanksgiving. In these cases, workers are generally compensated with premium pay or given a substitute day off as per the ESA regulations.
Statutory Holiday Pay Calculation Under the ESA
Employees who qualify for statutory holiday pay on Thanksgiving receive an amount calculated by averaging their earnings over the four weeks preceding the holiday. This ensures that their holiday pay reflects their usual income. Employment Protections and Rights Under the ESA The ESA protects employees’ rights to observe statutory holidays like Thanksgiving.
Employers are prohibited from penalizing workers who are entitled to the day off, and employees cannot be forced to work on the holiday without proper compensation. In the event of a dispute, employees can contact the Ministry of Labour or seek legal advice to resolve the issue.
Thanksgiving Day provides not only an opportunity for gratitude but also a reminder of the employment protections in place under the ESA, ensuring fair treatment for Ontario workers.
Questions About Holiday Pay or Employment Law? If you have questions about your employees’ entitlement to holiday pay or any other issues related to employment in Ontario, contact us for a FREE initial consultation to discuss your organization’s requirements and how we can support you. Call us at 416-822-3471 or visit our website for more information about our fractional HR services.
