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Stat Holidays & Pay

Kiljon Shukullari, HR Advisory Manager
(Last updated )


Kiljon Shukullari, HR Advisory Manager
(Last updated )
In Ontario, there are nine public holidays that employees are entitled to. It is an employer’s obligation to provide employees with the appropriate statutory holiday entitlement and pay, as defined by the Employment Standards Act, 2000 (ESA).
Holiday |
Date |
|
New Year’s Day |
Thursday, January 1, 2026 |
| Family Day |
Monday, February 16, 2026* |
| Good Friday |
Friday, April 3, 2026* |
| Victoria Day |
Monday, May 18, 2026* |
| Canada Day |
Wednesday, July 1, 2026 |
| Labour Day |
Monday, September 7, 2026* |
| Thanksgiving Day |
Monday, October 12, 2026* |
| Christmas Day |
Friday, December 25, 2026* |
| Boxing Day |
Saturday, December 26, 2026 |
*Long weekends
Public holidays or statutory holidays are days set aside to observe special occasions. There are nine statutory holidays in Ontario. Most employees are entitled to take the day off on a statutory holiday and receive stat holiday pay. Employees who work on a public holiday are entitled to stat holiday pay plus premium pay OR they can opt to receive their regular wages for all hours worked on the public holiday plus a substitute holiday for which they must be paid public holiday pay.
Not paying your employees the correct stat holiday pay and entitlements is a violation of the Ontario Employment Standards Act (ESA) and can lead to fines and penalties. It is important that you have a stat holiday policy to correctly manage public holiday pay.
While Ontario has nine primary public holidays, several significant dates in 2026 fall into the "optional" or "non-statutory" category for provincially regulated employers. Failing to distinguish between federal and provincial requirements is a common compliance pitfall.
Under the Ontario Employment Standards Act (ESA), the following dates are not mandatory paid holidays, though they impact scheduling and employee expectations.
Holiday |
Date |
| Easter Monday | Monday, April 6 |
| Civic Holiday | Monday, Aug 3 |
| National Day for Truth and Reconciliation | Wednesday, Sept 30 |
| Remembrance Day | Wednesday, Nov 11 |
The Civic Holiday (often called Simcoe Day in Toronto or Terry Fox Day) is one of the most widely observed "non-stat" days in Canada.
Since 2021, this date has been a source of confusion for Ontario HR departments.
While observed with high solemnity across the province, Remembrance Day is not a statutory holiday in Ontario.
For businesses operating across Canada, Boxing Day (Saturday, December 26, 2026) requires a nuanced policy.
An employee is generally entitled to take all statutory holidays off work and be paid public holiday pay. Most employees qualify for stat holiday pay if their workplace is covered by the Ontario Employment Standards Act and they meet the requirements of ‘the first and last rule’. Qualified employees can be full-time, part-time, permanent or on a term contract, as it does not matter how recently they were hired.
An employee is eligible for stat holiday pay in Ontario if they have worked their last regularly scheduled shift before the stat holiday and the first one after it, or they have reasonable cause for not working either of those days (such as permission from the employer).
Stat holiday pay in Ontario is calculated by adding all of the employee’s regular wages earned in the four work weeks prior to the public holiday, plus all of the vacation pay payable with respect to those same four weeks, and dividing the total by 20.
Example Calculation
If an employee earns $18 an hour and worked a consistent schedule of 7 hours a day, 5 days a week for the four weeks leading up to the holiday, their entitlement would be calculated as follows:
* Daily Pay: $18 x 7 hours = $126
* Weekly Pay: $126 x 5 days = $630
* Total wages (4 weeks): $630 x 4 weeks = $2,520
* Holiday pay entitlement: $2,520 / 20 = $126
If the employee received any vacation pay during those four weeks, that amount would be added to the $2,520 total before dividing by 20.
The Ontario government provides a self-service holiday pay calculator to help employers estimate employee entitlement.
That depends on whether the employee was on vacation at any time during the four work weeks prior to the public holiday and the way an employer chooses to pay vacation pay. If the employee was not on vacation during that four-week period, no vacation pay will be included in the calculation.
If the employee is paid vacation pay with every pay cheque, the amount of vacation pay included in the calculation of stat holiday pay will be at least 4% all of the employee’s wages earned during the four workweek period for employees with less than 5 years of service and 6% of wages for employees with 5 or more years of employment.
However, if the employee receives their vacation pay in a lump sum on a certain date or dates, vacation pay will be included in the calculation of public holiday pay ONLY if that date or dates falls during the relevant four work week period.
Let our qualified HR experts help you calculate the correct stat holiday pay and develop entitlement policies tailored to your business.
If an employee agrees to work on a statutory public holiday with written consent, compensation can be made as regular wage pay for all hours worked on a public holiday; this allows another day off in lieu, with holiday pay. Please note that a substitute holiday must be taken within three months of the public holiday for which it was earned. If the employee consents electronically or in writing, the substitute holiday can be scheduled up to 12 months after the public holiday.
If the employee takes a substitute holiday, the employer must provide the employee with a written statement that sets out the public holiday that is being substituted, the date of the substitute holiday, and the date that the statement was issued to the employee. This statement must be provided to the employee before the public holiday.
If an employee agrees to work on a statutory public holiday with written consent, compensation can be made as holiday pay plus premium pay for all hours worked on the public holiday; this does not allow another day off.
Premium pay is 1½ times an employee’s regular pay. If an employee receives premium pay for working on a public holiday, they must be paid 1½ times their regular rate of pay for each hour they worked.
As an employer, it is important that you understand how to correctly manage statutory holiday pay to avoid being fined. You should create a clear and comprehensive policy on statutory holiday pay and include it in your employee handbook. This will help your employees know who qualifies for stat holiday pay and who doesn’t.
As a small business owner, it is important that you know how to manage stat holiday pay and entitlements correctly. If you are unsure about your responsibilities when it comes to calculating statutory holiday pay, Peninsula can help. Consult our HR experts call us today at 1 (833) 247-3652 to get advice on developing a stat holiday pay and entitlement policy tailored to your business.



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