| Subject: Monday January 2, 2006 is a Stat Holiday in Canada |
I have posted the statute from the Canadian Department of Justice and subsection which specifies that Monday January, 2, 2006 is a Stat Holiday.
The subsection it is covered under is 193 (2) which states that when a statutory holiday falls on a Sunday, the day immediately following becomes the holiday.
The statute is as follows and may be verified by going to the following website:
http://laws.justice.gc.ca/en/L-2/17896.html
STANDARD HOURS, WAGES, VACATIONS AND HOLIDAYS
DIVISION V
GENERAL HOLIDAYS
General holiday falling on day off
193. (1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.
Alternative day for holiday falling on non-working Saturday or Sunday
(2) Except as otherwise provided by this Division, when New Year´s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday.
R.S., c. L-1, s. 49; R.S., c. 17(2nd Supp.), s. 13; 1977-78, c. 27, s. 14
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Confused (in reply to: Monday January 2, 2006 is a Stat Holiday in Canada)
You are confusing GOVERNMENT satutory holidays with the Employment Standards which are PUBLIC HOLIDAYS. The legislation you are quoting is for Government employees ONLY. Regular works fall under the Employment Standards act.
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Confused NOT! (in reply to: Monday January 2, 2006 is a Stat Holiday in Canada)
Mark indeed the information posted, is from, the Canadian Department of Justice, however from one of the websites you suggested in another post and related specifically to the query, the information is really not different.
From the website you suggested in reference to PUBLIC not GOVERNMENt holidays.
What if a public holiday falls on a day off or during an employee´s vacation?
When a public holiday falls on a day that isn´t ordinarily a working day for an employee, or during the employee´s vacation, the employee is entitled to either:
* a substitute holiday off with public holiday pay (this must be scheduled for no more than three months after the public holiday or, if the employee has agreed in writing, up to 12 months after the public holiday)
or
* public holiday pay for the public holiday, if the employee agrees in writing. In this case, the employee isn´t given a substitute day off.
The Canadian Department of Justice and Employment Standards both set up a general guide for employees. It is impossible on todays work regime, to dictate, specifics. It is good to know that both govern a general rule of thumb for employers and employees.
Sorry for your confusion.
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