Statutory Holidays In Ontario
Statutory holidays in Ontario should feel like guaranteed rest, not a legal guessing game. Yet every long weekend, the same questions pop up:
Is this a statutory holiday in Ontario or just an “office tradition”?
Do I have to pay stat holiday pay to part-time staff?
Can my employer make me work on a statutory holiday?
This guide from Vanguard Law, an Ontario employment law firm, is designed to help both employers and employees understand how statutory holidays (“stat holidays”) work in Ontario under the Employment Standards Act, 2000 (ESA)—including who’s entitled to public holiday pay, how it’s calculated, and common mistakes that lead to disputes.
Disclaimer: This blog is for general information only and is not legal advice. For advice about your specific situation, contact an employment lawyer at Vanguard Law.
1. What are statutory holidays in Ontario?
Under the ESA, Ontario recognizes the following nine public (statutory) holidays each year for provincially regulated employees:
New Year’s Day – January 1
Family Day – third Monday in February
Good Friday – Friday before Easter Sunday
Victoria Day – Monday before May 25
Canada Day – July 1
Labour Day – first Monday in September
Thanksgiving Day – second Monday in October
Christmas Day – December 25
Boxing Day – December 26
Most Ontario employees covered by the ESA are entitled to:
A day off with public holiday pay, or
Premium pay plus other entitlements if they work on the statutory holiday.
If you are searching for “What are the statutory holidays in Ontario?” or “Which days are stat holidays in Ontario?”, this is the official ESA list for provincially regulated employees.
2. Optional vs. “true” statutory holidays in Ontario
A major source of confusion is whether certain popular holidays are “real” statutory holidays in Ontario.
The following are not ESA statutory holidays for most provincially regulated employees in Ontario, even though many workplaces treat them as days off:
Easter Monday
Civic Holiday (first Monday in August)
National Day for Truth and Reconciliation (September 30)
Remembrance Day (November 11)
Employers can choose to provide these days off—and many do, especially in unionized or public-sector workplaces—but they are policy-based or contract-based benefits, not ESA-mandated statutory holidays for most Ontario workers.
For employees, that means your entitlement to these days off comes from your:
Employment contract
Workplace policy
Collective agreement
…rather than directly from the ESA.
For employers, it’s important that your handbook and employment contracts clearly distinguish between:
ESA statutory holidays, and
Additional paid or unpaid days off your business chooses to provide.
3. Who is entitled to public holiday pay in Ontario?
Most employees in Ontario are entitled to statutory holiday protections, whether they:
Work full-time or part-time
Are paid hourly, salary, commission, or piece-rate
However, the ESA sets out eligibility rules that employers must understand.
a) The “last and first” rule
To qualify for public holiday pay, an employee generally must:
Work their last scheduled workday before the holiday, and
Work their first scheduled workday after the holiday
…unless they had “reasonable cause” for being absent (for example, sickness, injury, or another reason beyond their control).
If an employee skips those days without reasonable cause, they may lose entitlement to public holiday pay, even if they work on the holiday itself.
This “last and first rule” is a frequent source of conflict between employers and employees and is often misunderstood.
b) Special rules and exemptions
Certain industries or roles have modified or exempt rules under the ESA, including:
Hotels, motels, and tourist resorts
Restaurants and bars
Continuous operations (for example, some manufacturing or health care roles)
Certain retail workers
In these sectors, employees may still have rights relating to statutory holidays, but how those holidays are taken or paid can differ.
If you’re unsure whether special rules apply to your workplace, it is wise to consult an Ontario employment lawyer.
4. How public holiday (stat) pay is calculated in Ontario
The ESA uses a specific formula for public holiday pay in Ontario. For most employees, the calculation looks like this:
Public holiday pay =
(Regular wages earned in the 4 work weeks before the workweek containing the holiday
+ vacation pay payable for those 4 weeks)
÷ 20
In practical terms:
Add up all regular wages earned in the four work weeks prior to the week of the holiday.
Add any vacation pay that became payable in that same four-week period.
Divide that total by 20.
The result is the employee’s public holiday pay for that statutory holiday.
This formula applies to both full-time and part-time employees. The ESA also provides an online public holiday pay calculator, but employers should not rely solely on tools without understanding the underlying rules.
For employers:
Keep detailed and accurate payroll records.
Ensure your payroll system is set up to correctly apply the ESA holiday pay formula.
For employees:
Check your pay stubs around statutory holidays to confirm you are receiving public holiday pay where eligible.
Ask questions if your pay seems lower than expected, especially if your hours fluctuate.
5. Working on a statutory holiday in Ontario
In many industries, business cannot simply stop on a holiday. When an eligible employee works on a statutory holiday in Ontario, the ESA generally entitles them to both:
Public holiday pay, and
Either:
Premium pay (at least 1.5 times their regular rate) for all hours worked on the statutory holiday, or
Their regular wages for the hours worked on the holiday plus a substitute day off (a “day in lieu”) taken later, paid at public holiday pay.
Which of these options applies often depends on what is agreed in writing between employer and employee and whether any collective agreement applies.
For employers:
Obtain and keep written agreements where the ESA requires it.
Clearly record any substitute holidays, including:
Which statutory holiday they replace, and
The date the substitute will be taken.
For employees:
Don’t assume “time-and-a-half” is the only entitlement.
In many cases, you may also be entitled to a paid day off in lieu.
6. What if a statutory holiday falls on a weekend?
If a statutory holiday falls on a Saturday or Sunday and the employee would not normally work that day, the ESA typically requires a substitute holiday, usually on another day that would normally be a working day.
Key points:
The substitute holiday is often the closest weekday, but the employer and employee may be able to agree on another day within ESA limits.
The substitute day must be treated like a public holiday in terms of entitlement and pay.
Employers should:
Develop clear policies about substitute holidays.
Communicate and confirm substitute days in writing, especially if the date differs from the default or is chosen with employee input.
7. Federally regulated employees working in Ontario
Not everyone working in Ontario is covered by the ESA. Employees in federally regulated industries are governed by the Canada Labour Code, not provincial employment standards.
Federally regulated sectors include:
Banks
Telecommunications and broadcasting
Air transport and some rail transport
Canada Post and certain other federal employers
These employees follow the federal list of statutory holidays and federal rules for holiday pay and eligibility, which differ in some respects from Ontario’s ESA.
If your workplace is federally regulated, or if you’re not sure whether you fall under provincial or federal rules, it is important to seek legal advice based on your specific situation.
8. Common statutory holiday mistakes in Ontario
From our work at Vanguard Law advising Ontario employers and employees, we routinely see the following statutory holiday issues:
Common employer mistakes
Treating optional holidays as ESA stat holidays (or vice versa) and applying the wrong rules
Misunderstanding the last/first rule, especially when employees miss shifts due to illness
Miscalculating public holiday pay, particularly for part-time employees, employees with fluctuating hours, or employees who earn commissions or bonuses
Assuming a salaried employee does not need a separate public holiday pay calculation
Failing to properly record, schedule, and confirm substitute holidays in writing
Common employee misunderstandings
Assuming every “day off” on the company calendar is an ESA statutory holiday
Believing they have no rights if required to work on a statutory holiday
Not realizing they may still be entitled to statutory holiday pay, even if they did not work the holiday, provided eligibility criteria are met
Being discouraged from raising concerns or assuming they can be punished for asking about their ESA rights
If any of these situations sound familiar, both employers and employees can benefit from speaking with an Ontario employment lawyer before the issue escalates.
9. How Vanguard Law can help
At Vanguard Law, we represent both employees and employers across Ontario in statutory holiday and employment standards matters, including:
Drafting and reviewing holiday, vacation, and time-off policies
Advising employers on ESA compliance and correct holiday pay calculations
Helping employees who believe they have been denied statutory holiday pay or penalized for asserting their rights
Representing parties in Ministry of Labour complaints, ESA claims, and related disputes
Whether you are an employer seeking to reduce risk and ensure compliance, or an employee concerned about your statutory holiday pay in Ontario, we can help you understand your options and protect your rights.
10. Quick FAQs about Ontario statutory holidays
Is Civic Holiday a statutory holiday in Ontario?
No. The Civic Holiday (first Monday in August) is widely observed, but it is not an ESA statutory holiday for most provincially regulated employees in Ontario. Whether you get the day off—and whether it is paid—depends on your employment contract, policies, or collective agreement.
Are Easter Monday, National Day for Truth and Reconciliation, or Remembrance Day stat holidays in Ontario?
For most provincially regulated employees in Ontario, no—these are not ESA statutory holidays. Some employers voluntarily recognize them as paid or unpaid days off, especially in the public sector or unionized workplaces, but this is a matter of contract or policy, not provincial employment standards.
Do part-time employees get stat holiday pay in Ontario?
Generally, yes. If a part-time employee is covered by the ESA and meets the last/first rule and other eligibility requirements, they are entitled to public holiday pay, calculated using the same formula as full-time employees, based on their earnings in the four weeks before the holiday.
Can my employer require me to work on a statutory holiday?
In some sectors—especially those with continuous operations or essential services—it is lawful for employers to require work on statutory holidays, provided they comply with ESA rules regarding public holiday pay, premium pay, and substitute holidays, and any additional protections in employment contracts or collective agreements.
What should I do if I think my statutory holiday rights were violated?
If you believe your statutory holiday pay or ESA rights have been breached:
Gather your pay stubs, schedule, and any written communications.
Note the relevant dates, including the holiday and surrounding shifts.
Seek legal advice from an Ontario employment lawyer.
You may have options under the ESA or other legal avenues. Getting advice early can help you choose the best path forward.