Under Quebec's Labour Standards Act, the second
Monday of October is a statutory general (and paid) holiday. This
year, Thanksgiving will be on October 12.
Here are some answers to the most frequently asked questions
about statutory general holidays.
Who is entitled to the benefit of a statutory general
All employees are entitled to the benefit of the paid holiday.
This includes employees who are not scheduled to work that day, as
well as employees who have very little seniority;
By way of exception however, an employee who is absent from
work without the employer's authorization or for no valid
reason on the working day immediately preceding or following the
statutory holiday will not be entitled to the benefit
Can the employer ask an employee to work on a statutory general
The answer is yes. In such cases the employer will have to pay
the employee, in addition to the amount of salary corresponding to
the hours worked, either the compensatory indemnity described
below, or compensatory leave of one day during the three weeks
immediately preceding or following the paid holiday.
What is the amount of the compensatory indemnity that the
employer must pay the employee?
The employer must pay the employee an indemnity equal to
1/20th of the wages earned during the four complete
weeks of pay preceding the week of the holiday, excluding
In the case of employees remunerated in whole or in part on a
commission basis, the indemnity must be equal to 1/60th
of the wages earned during the 12 complete weeks of pay preceding
the week of the holiday.
In the case of employees who are on vacation on October 12, the
employer must pay them the compensatory indemnity or grant them a
compensatory holiday of one day on a date agreed upon between the
employer and the individual employee.
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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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
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