Statutory holidays in Quebec
A statutory holiday is a paid day off. It is paid by the employer by means of an indemnity. The calculation of the statutory holiday indemnity is based on the wages earned during the weeks preceding the statutory holiday.
The following are statutory holidays:
- January 1 (New Year’s Day)
- Good Friday or Easter Monday, at the employer’s option
- the Monday that precedes May 25 (National Patriots’ Day)
- June 24 (Quebec National Holiday, special rules apply)
- July 1 (Canada Day) or, if this date falls on a Sunday, July 2
- the first Monday in September (Labour Day)
- the second Monday in October (Thanksgiving)
- December 25 (Christmas Day)
An employer may not change the official date of a statutory holiday. People who are required to work on a statutory holiday must be compensated.
- Days that are not statutory holidays in Quebec
These 2 days are not statutory holidays in Quebec:
- Remembrance Day (November 11)
- National Day of Truth and Reconciliation (September 30)
These days are statutory holidays only for employees covered by the Canada Labour Code, such as:
- federal public service employees
- employees of Crown corporations, such as Canada Post
- employees of federally regulated companies, such as banks, telecommunications companies and interprovincial transport companies.
Who is entitled to statutory holidays?
Anyone who works full time or part time is entitled to paid leave for each statutory holiday, regardless of their employment status (temporary, casual or on call), even if they have only worked a few days since they were hired.
The worker must not be absent from work without a valid reason beyond their control (e.g., illness) or without their employer’s authorization on the work day before or after the statutory holiday. Otherwise, they will not be entitled to paid leave (this rule is different for the Quebec National Holiday).
Working on a statutory holiday
Depending on their needs, the employer may ask a person to work on a statutory holiday.
To compensate for the fact that they will not have the day off, the employer must, in addition to paying them for the day worked, choose one of the following options:
- pay them a statutory holiday indemnity
- grant them a day off on another date, paid the same amount as the indemnity. This day off must be taken in the 3 weeks before or after the statutory holiday (this rule is different for the Quebec National Holiday)
For example, if a person works on January 1, they will be paid their regular wages for the day, and their employer will choose to pay them an indemnity in addition to the week’s pay or grant them a compensatory day off in the 3 weeks before or after that date.
Quebec National Holiday
The only requirement to be entitled to this holiday is to be employed on the date of the statutory holiday.
Some companies may, because of the nature of their activities, ask their workers to work even if they should be off for the National Holiday. For example, companies that offer a service:
- that is essential, such as hospitals, taxis, buses
- that must be maintained, such as gas stations, convenience stores, hotels, maintenance of molten metal in foundries
As with other statutory holidays, people who work exceptionally on this day are entitled to the wages for the day and, at the employer’s option, an indemnity added to the day’s wages or a compensatory day off with pay.
Special rules apply to the compensatory day off for the Quebec National Holiday:
- If June 24 falls on a Sunday: the day off is postponed to June 25 (except for people who usually work on Sunday, since they will benefit from the paid leave).
- If June 24 falls on a worker’s day off (other than Sunday): the compensatory day off must be taken on the day usually worked before or after June 24.
- If June 24 falls during the worker’s annual vacation: the date of the compensatory day off is agreed between the employer and the worker.
Specific situations
Statutory holiday on a vacation day or day off
If the statutory holiday falls on a day when the worker is normally off or during the worker’s annual vacation, the employer has the choice of:
- paying a statutory holiday indemnity in addition to their pay for the week covering the statutory holiday
- granting a compensatory day off, paid the same amount as the indemnity, on a date agreed with them (this date may also be fixed by a collective agreement or a decree)
Who is not entitled to paid statutory holidays?
Some people are NOT entitled to paid leave. In particular, workers who:
- are on extended sick leave, unpaid leave, parental leave, paternity leave or maternity leave
- They are not entitled to the statutory holiday or the statutory holiday indemnity, since they are not available to work.
- are on layoff
- They are not entitled to their indemnity, since their employment contract is suspended, they are not working and they are not receiving any pay.