Acts and Regulations

E-7.2 - Employment Standards Act

Section 18
Disposition versions

Full text
Public holidays
18(1)This section does not apply to an employee who
(a) has been in the employ of their present employer for fewer than ninety days during the previous twelve calendar months immediately preceding a public holiday;
(b) Repealed: 1988, c.59, s.3
(c) without reasonable cause fails to work their scheduled regular day of work preceding or following a public holiday;
(d) has agreed to work on a public holiday and, without reasonable cause, fails to report for and perform the work;
(e) is employed under an arrangement whereby the employee elects to work when requested to do so.
18(2)Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on each public holiday and pay to the employee their regular wages for each public holiday.
18(3)Where a public holiday falls on a working day for an employee, an employer may with the agreement of the employee or their agent substitute another working day for the public holiday, which day shall not be later than the next vacation of the employee, and the day so substituted shall be deemed to be the public holiday.
18(4)Where a public holiday falls on a non-working day for an employee or in the employee’s vacation an employer shall
(a) with the agreement of the employee or their agent pay the employee their regular wages for the public holiday; or
(b) designate a working day that is not later than the next vacation of the employee, and the day so designated shall be deemed to be the public holiday.
18(5)Notwithstanding subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, and the employee is required because of the nature of the operation to work, and works on a public holiday, the employer shall
(a) pay the employee in accordance with subsection 19(1); or
(b) pay the employee for each hour worked on a public holiday an amount not less than their regular wages and give to the employee a holiday on the employee’s first working day immediately following their next vacation or on a working day agreed upon and pay the employee their regular wages for that day.
18(6)For the purposes of subsection (5) “continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period.
1984, c.42, s.11; 1988, c.59, s.3; 2022, c.33, s.7
Public holidays
18(1)This section does not apply to an employee who
(a) has been in the employ of his present employer for fewer than ninety days during the previous twelve calendar months immediately preceding a public holiday;
(b) Repealed: 1988, c.59, s.3
(c) without reasonable cause fails to work his scheduled regular day of work preceding or following a public holiday;
(d) has agreed to work on a public holiday and, without reasonable cause, fails to report for and perform the work;
(e) is employed under an arrangement whereby the employee elects to work when requested to do so.
18(2)Subject to subsections (3), (4) and (5), an employer shall give to an employee a holiday on each public holiday and pay to the employee his regular wages for each public holiday.
18(3)Where a public holiday falls on a working day for an employee, an employer may with the agreement of the employee or his agent substitute another working day for the public holiday, which day shall not be later than the next vacation of the employee, and the day so substituted shall be deemed to be the public holiday.
18(4)Where a public holiday falls on a non-working day for an employee or in his vacation an employer shall
(a) with the agreement of the employee or his agent pay the employee his regular wages for the public holiday; or
(b) designate a working day that is not later than the next vacation of the employee, and the day so designated shall be deemed to be the public holiday.
18(5)Notwithstanding subsection (3), where an employee is employed in a hotel, motel, tourist resort, restaurant, tavern or any continuous operation, and the employee is required because of the nature of the operation to work, and works on a public holiday, the employer shall
(a) pay the employee in accordance with subsection 19(1); or
(b) pay the employee for each hour worked on a public holiday an amount not less than his regular wages and give to the employee a holiday on his first working day immediately following his next vacation or on a working day agreed upon and pay him his regular wages for that day.
18(6)For the purposes of subsection (5) “continuous operation” means that part of an establishment, industry or service in which in each seven day period operations once commenced normally continue day and night without cessation until the completion of the regularly scheduled operations for that period.
1984, c.42, s.11; 1988, c.59, s.3