Labour Day : NS Labour and Advanced Education, Employment Rights

10 Most Frequently Asked Questions about Holidays

There are 5 general (paid) holidays listed in the Labour Standards Code: New Year's Day, Good Friday, Canada Day, Labour Day and Christmas. These are the minimum number of holidays that employers must provide to employees. Many employers offer more paid holidays.

 

1.  Do all employees get a paid holiday?

To qualify for the paid holiday, employees must:

  • have received or be entitled to receive pay for at least 15 of the 30 days leading up to the holiday, and
  • have worked the scheduled working days before and after the holiday. For example, if the employee calls in sick on the last scheduled working day, s/he may not qualify for the paid holiday.

 

2.  Labour Day is on a Monday and I don't normally work on Mondays. Do I get a paid holiday anyway? If so, when?

If you qualify (see question 1) for paid holiday, you would get another day off with pay. Here are the options:

  1. Your employer can decide that you would get your next scheduled work day off with pay - for many employees, that day would be the next day, Tuesday
    or
  2. Your employer can decide that you would get an extra day off with pay added to your annual vacation
    or
  3. You and your employer can agree that you would get any other day off with pay

 

3.  I normally work Mondays. Since we will be closed that day, do I get paid for the day?

Yes, if you qualify, you would get paid the amount that you would be entitled to receive for a normal working day.

 

4.  I normally work every second Monday. The business will be open on Labour Day and I am scheduled to work. How does the holiday apply to me?

If you are scheduled to work, and you qualify for holiday pay, you should receive compensation for working the holiday - see questions 8 and 9.

 

5.  I normally work every second Monday. The business will be open on Labour Day and I am not scheduled to work. How does the holiday apply to me?

If you are not scheduled to work, and you qualify for holiday pay, you should receive holiday pay - see question 2.

 

6.  I work shifts and my shift begins on Sunday September 4th and ends at 2 Am Monday September 5th. Do I get holiday pay?

If you do not work in a continuous operation - see question 8 - your employer should pay you a regular day's pay for the holiday and pay you 1 times your hourly rate of pay for the 2 hours worked on Labour Day.

If you work in a continuous operation, your employer should pay you according to the options in question 8.

 

7.  I work in a call center / hospital / restaurant / transportation. My supervisor tells me I have to work on Labour day. Can I refuse to work?

There are no laws to protect employees' jobs should they refuse to work on a holiday. If your reason for refusing the work is on religious grounds, or any other factor protected under human rights legislation, you may want to contact the Human Rights Commission at 424-4111 (in Halifax), or toll free 1-877 269-7669 to determine your rights.

 

8.  I will be working on Labour Day; my job is in a call center / hospital / restaurant / transportation. How much do I get paid for working that day?

Most, but not all, employees working that day would work in businesses called "continuous operations" in the Labour Standards Code. These businesses are often open on some or all holidays. In continuous operations, your employer can compensate you in one of two ways:

  1. Pay you a regular day's pay for the day plus 1 ½ times your rate of pay for every hour you work on the holiday
    or
  2. Pay you your regular pay for the day plus give you another day off with pay; this day would be added to your annual vacation. Or you and your employer can agree that you would get any other day off with pay.

 

9.  I will be working that day but it is not in a business you call a "continuous operation". How much should I get paid?

Your employer should pay you a regular day's pay for the day plus 1 ½ times your rate of pay for every hour you work on the holiday.

 

10.  If I am on vacation over Labour Day, do I get holiday pay?

If you qualify (see question 5) for paid holiday, you would get another day off with pay. Here are the options:

  1. Your employer can decide that you would get your next scheduled work day off with pay - for many employees, that day would be the next day, Tuesday
    or
  2. Your employer can decide that you would get an extra day off with pay added to your annual vacation
    or
  3. You and your employer can agree that you would get any other day off with pay.

 

Questions

If you have any questions, please contact Labour Standards.