Canada Labour Code

Marginal note:Exceptions

• 201 (1) An employee who does not work on a general holiday is not entitled to be paid for the general holiday if, during the thirty days immediately preceding the general holiday, the employee is not entitled to wages

  • (a) for at least fifteen days; or

  • (b) where the employee is working under a schedule established or modified pursuant to section 170, for at least the number of days calculated or determined pursuant to any regulations made under section 201.1.

• Marginal note:Idem

  (2) No employee who is employed in a continuous operation is entitled to be paid for a general holiday

  • (a) on which the employee did not report for work after having been called to work on that day; or

  • (b) in respect of which the employee makes himself unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.

• Marginal note:Exception

  (3) Subsection (1) does not apply with respect to an employee, other than an employee who is working under a schedule established or modified pursuant to section 170, whose terms and conditions of employment with respect to hours of work are such that the employee is unable to establish entitlement to wages on at least fifteen days during the thirty calendar days immediately preceding a general holiday.

• Marginal note:Calculation of holiday pay

  (4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages he has earned during the thirty calendar days immediately preceding that general holiday.