REVERSAL -- Statutory Public Holiday Pay Calculation

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On May 7, 2018, the Ontario government announced that it is reinstating the former public holiday pay calculation beginning on July 1, 2018. While the new pay calculation will still apply to the upcoming May 21 statutory public holiday, the old calculation will again be in effect for the July 1, 2018, statutory holiday.

I received numerous inquiries following my blog post on the new calculation for public holiday pay effective January 1, 2018, expressing concerns of the unfairness of the new calculation. I encouraged many of you to let the Ministry of Labour and your local member of parliament know of your concerns. It is encouraging to know that your concerns were heard, considered, and affected change.

Here is a comparison of the calculations:

Previous Calculation
reinstated on July 1, 2018

New Calculation
CANCELLED

Total amount of regular wages earned and vacation pay payable to the employee in the 4 weeks before the work week in which the public holiday occurred ÷ 20.

Total amount of regular wages earned in the pay period immediately before Jan. 1, 2018
÷ number of days employee worked in that period.

 

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Christina J. Wallis is a Partner lawyer practising civil litigation with a focus in Employment Law at Dale & Lessmann LLP Toronto, Ontario, Canada, a full service business law firm. To speak to Christina please call 416-369-7832 or send an email message to her at cwallis@dalelessmann.com.