stat holiday pay

[NynJa]

So I was under the impression that when you dont work on a statutory holiday, ie: Christmas, you're still entitled to holiday pay. My manger is telling me that because our store was not open, no one is entitled to such holiday pay. Any attempts to look up that clause (the store being open) on google failed, anyone have any idea if my managers right?

[izembo]

store doesnt have to be open, but you also have to have it in your contract that you get paid holidays, some places it just counts as one of your scheduled days off and no pay.

[Ksandra]

according to this:

May an employer attach conditions to the receipt of holiday pay?

Yes. For example, an employer may require that employees work or be on an approved leave status the day before and after a holiday in order to receive holiday pay. An employer may also require an employee to have worked for the company for a specified period of time before being eligible for holiday pay. In addition, an employer may pro-rate the amount of holiday pay due to a part-time employee. Whatever conditions apply to the receipt of holiday pay should be in writing.

Are employees who work a holiday entitled to premium pay?

No. While it is common to pay a premium to an employee who works on a holiday, there is no legal requirement to do so.

Must an employer provide the same holiday benefits to all employees?

No, as long as the basis for the different treatment is not discriminatory, i.e., based on a protected classification, such as age, race, etc. For instance, an employer can provide holiday pay only to full time and not part time employees, or to office and not “field” employees.

What if a holiday falls on an employee’s day off or when the business is closed?

While not required by law, many employers give an employee the option of taking off another day if a holiday falls on the employee’s day off. Similarly, many employers observe a holiday on the preceding Friday or the following Monday if a holiday falls on a Saturday or Sunday and the employer is not open for business on the weekend.

What if an employee works a compressed work week (i.e. four 10-hour days per week)?

As with employees who work a standard work week, there is no requirement that an employer provide an employee on a compressed work week schedule with paid or unpaid time off on a holiday. Employers who utilize a compressed work week have generally taken one of three approaches to eligibility for holiday pay.

* Some employers pay only for holidays occurring on the employee’s regularly scheduled work day.
* On the other hand, some employers allow the employee to take a “substitute” holiday on a day when he or she would otherwise have been required to work, if the holiday falls on a day the employee is not scheduled to work.
* Finally, other employers prefer to have employees who work a compressed work week on the job at least four days a week and pay for the holiday even if the employee is not scheduled to work that day, thus giving the employees an extra day of pay.

As long as the employer follows its policy consistently, any approach selected by an employer is acceptable.

sounds like your manager is correct, they aren't forced to give holiday pay just most companies offer it.

http://humanresources.about.com/od/l...iday_pay_2.htm

[SephYuyX]

If youre business has no more than 10 or 15 people, they can pretty much do whatever they want.

[Vuitton]

I am so grateful for the company I work for. XD We get holiday pay and half-day worked full-day pay for the day before all major holidays.

[killerx]

Yeah we do too for full time people. But if your only part time you get nothing lol

[NynJa]

Sorry, I forgot to point out, snice it may be relevant due to different laws in US and Canada, but I'm looking at Canada.

[Sirenia]

I don't get paid for holidays because I am per diem, but I worked Christmas so I got double time.

[QuePsiXI]

ie: Christmas, you're still entitled to holiday pay. My manger is

I apologize for being easily amused.

[Ksandra]

Sorry, I forgot to point out, snice it may be relevant due to different laws in US and Canada, but I'm looking at Canada.

sorry didn't notice your location but here is your answer:

Holidays Occurring on Non-Working Days

The statutes of most jurisdictions require that a day off with pay be provided at another time—generally before the employee’s next vacation—if a holiday falls on a non-working day. There are some exceptions. Employees in Alberta are not entitled to any compensation if a holiday does not fall on a regular working day. In Quebec , the obligation to provide employees a compensatory holiday only applies to the National Holiday. However, Quebec ’s Act respecting labour standards defines most statutory holidays, except December 25 and January 1, as weekdays rather than specific dates to ensure that they do not occur on a weekend.

Sometimes, legislation provides that specific holidays falling on a Sunday must be observed on the following day. This is the case in Manitoba8 (New Year’s Day, Canada Day, Christmas Day), Quebec (June 24 th and July 1 st ) and Saskatchewan9 (New Year’s Day, Christmas Day and Remembrance Day). Similarly, where New Year’s Day, Canada Day, Remembrance Day, Christmas Day or Boxing Day occurs on a non-working day, employers under federal jurisdiction must grant their employees a holiday with pay on the preceding or following day.10

In all jurisdictions, employees are entitled to a compensatory day off with pay if a statutory holiday for which they qualify coincides with their annual vacation. In the federal jurisdiction, Newfoundland, Prince Edward Island, Saskatchewan and the Yukon, this day off is granted by extending the employee’s vacation by one day. In the other provinces and territories, it may be scheduled at another time mutually agreed upon by the employer and the employee, normally before the next annual vacation.

Alternately, in five jurisdictions— the Northwest Territories, New Brunswick, Nunavut, Ontario and Quebec—employers may simply pay their employees an amount equivalent to their regular wages instead of granting them a compensatory day off with pay when a holiday occurs on a non-working day or during a vacation. This is nevertheless subject to employees’ consent in New Brunswick and Ontario .

http://www.hrsdc.gc.ca/eng/labour/la..._holiday.shtml