Ontario's Employment Standards Act, 2000
("ESA") provides that you and your employee can
agree, in writing, that your employee will work a public holiday
that they are entitled to in exchange for a substituted day
If you both agree, you will pay your employee his or her regular
wages or regular rate for the hours worked on Canada Day, and then
you can substitute another day that would ordinarily be a working
day for the employee to take off work, such as Monday June 30,
2014. On the substituted day, you would pay your employee
public holiday pay as if the substitute day were the
An agreement to substitute a holiday for another work day is an
exception to the rule that an employee be given the public holiday
off. Be sure to abide by the requirement that the agreement
is in writing, otherwise you could find yourself outside of the
"exception" and therefore in violation of your
obligations under the ESA.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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