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Stat Holidays Manitoba 2022: Here’s What Employers Need to Know

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Manitoba’s Employment Standards Code provides eight statutory or general holidays for all workers. Employers must provide paid time-off to staff on stat holidays. If employees work on public holidays, they must be paid differently.

Not paying your staff the correct stat holiday pay and entitlements is a violation of Manitoba’s employment standards legislation. It can lead to fines and penalties. It is important that you have a policy on stat holiday pay to correctly manage public holiday pay.

This blog provides details on Manitoba’s stat holidays in 2022, stat holiday pay eligibility and how to correctly calculate stat holiday pay.

What are the eight statutory holidays in Manitoba?

Employers should know about the following eight Manitoba stat holidays:

New Year’s Day: January 1, 2022

Louis Riel Day (3rd Monday in February): February 21, 2022

Good Friday: April 15, 2022

Victoria Day: May 23, 2022

Canada Day: July 1, 2022

Labour Day: September 5, 2022

Thanksgiving Day: October 10, 2022

Christmas Day: December 25, 2022

Most workers are entitled to receive general holiday pay on stat days irrespective of whether they work on these days or not. But employers are not required to pay employees who don’t work on Easter Sunday (April 17, 2022), National Day of Truth and Reconciliation (September 30), Terry Fox Day (first Monday in August), and Boxing Day (December 26) as these are not statutory holidays.

Employers should also be aware that though Remembrance Day (November 11) is not a statutory holiday in Manitoba, operating businesses must follow certain restrictions. Retail businesses can’t be open between 9am and 1pm on Remembrance Day.

Though it is a widespread practice to pay staff who don’t work on Remembrance Day, it is not mandatory.

Employees who work on Remembrance Day are paid for at least half of a regular workday at 1 ½ times their regular wages. Employees who work more than half their normal hours on Remembrance Day are paid 1 ½ times their usual wage for all hours worked, plus a regular day’s pay.

Get expert advice on stat holiday pay with Peninsula

Ask Peninsula for a stat holiday pay and entitlement policy that’s customized to your business needs. Our experts can help you with company policies, and with any other HR, health & safety, or employee management advice you may need. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3652.

How is statutory holiday pay calculated in Manitoba?

Employees who work the same number of hours get paid their average daily wage as statutory holiday pay. However, for employees whose hours of work or wages vary, stat holiday pay is calculated at 5% of the gross wages (not including overtime) in the four-week period preceding the stat holiday.

Are all employees eligible for Manitoba stat holiday pay?

All employees are entitled to general holiday pay unless they are:

  • Scheduled to work on a public holiday, but take a leave of absence without the employer’s permission.
  • Absent without the employer’s permission from their last scheduled workday before the stat holiday, or their first scheduled workday after the holiday.
  • Election officials, enumerators and any other temporary person appointed under The Elections Act do not receive stat holiday pay.

An employee’s length of service does not affect the stat holiday pay requirement. If an employee joins work a day before the stat holiday, they would be entitled to 5% of the wages earned on that day as stat holiday pay.

What are my obligations as an employer if my staff works on a public holiday?

If your staff works on a stat holiday, they’d be entitled to 1 ½ times their regular rate of pay for the hours worked on the day in addition to their general holiday pay.

Are there any exceptions to this rule?

Yes. This does not apply to employers operating a hotel, restaurant, gas station, hospital, amusement venue, continuously operating business, climate-controlled agricultural business, or a seasonal industry (excluding construction), or employers who employ domestic workers.

Such employers can pay regular wages for work on the stat holiday as long as they provide another day off with general holiday pay within the next 30 days. If employers and employees agree, the day off may be taken before the employees’ next annual vacation.

How to manage stat holiday entitlements

It is important that employers understand how to correctly manage statutory holiday pay to avoid fines. You should draft a clear and detailed policy on statutory holiday pay and include it in your employee handbook. This will provide your staff clarity on who qualifies for stat holiday pay and who doesn’t.

Does your employee handbook include a policy for statutory holiday time off?

If you are unsure about your employer obligations during statutory holidays, Peninsula can help. Consult our HR experts at 1 (833) 247-3652 to get advice on managing employees’ time off and to get help with calculating statutory holiday pay.

Our experts can help you create company policies and assist you with any HR management, health & safety, and employment advice you may need. Call us today.