Newfoundland and Labrador’s Labour Standards Act (LSA) outlines the rules regarding statutory holidays to ensure that employees get time off, correct pay and know when they are working. As an employer, it is important that you understand what your obligations are during stat holidays.
You could incur penalties for not paying your staff the correct statutory holiday pay. Employers should have a stat holiday policy to correctly manage stat holiday pay.
This blog provides information on the 2023 statutory holidays in Newfoundland and Labrador, stat holiday pay eligibility, and how to correctly calculate stat holiday pay.
Stat Holidays Newfoundland and Labrador
Newfoundland and Labrador have six stat holidays. Employers must give staff time off work and pay for the following stat holidays in 2023:
|New Year’s Day||January 1, 2023|
|Good Friday||April 7, 2023|
|Memorial Day (Canada Day)||July 1, 2023|
|Labour Day||September 4, 2023|
|Remembrance Day||November 11, 2023|
|Christmas Day||December 25, 2023|
Are employees who do not work on a stat holiday paid?
Yes. Employees who do not work on a public holiday are entitled to a regular’s day’s pay as long as they have worked their regular scheduled shifts prior to and after the holiday.
Which employees qualify to receive stat holiday pay?
All employees who have worked for an employer for 30 days or more qualify to be paid for the six public holidays.
How are employees who work on a stat holiday paid?
Employees who work on a public holiday can choose to receive wages at twice their regular rate for the hours worked on the holiday or an additional day off with pay within 30 days of the holiday or an additional paid vacation day.
What if the employee works fewer hours on the paid stat holiday than they would have worked on a regular day?
When an employee is required to work fewer hours on a stat holiday than their normal hours of work, the employer is required to pay the employee at their regular rate of pay for the hours worked on that day plus a regular day’s pay.
What happens if a stat holiday falls on a day the employee would normally be scheduled off work?
In that case, the employee is not required to work either on the first working day immediately after the stat holiday or another day mutually agreed to by the employee and employer. This substitute day will be a paid day for the employee.
How do I pay an employee who works shifts of differing hours and doesn’t work on the stat holiday?
If such an employee has worked for you for at least 30 calendar days prior to the stat holiday and has worked their scheduled shift before and after the stat holiday, they qualify to receive stat holiday pay.
To calculate their stat holiday pay, you should multiply the employee’s hourly rate of pay by the average number of hours they have worked in a day in the three weeks immediately preceding the holiday.
How to manage entitlements related to stat holidays
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.
Does your employee handbook include a policy for statutory holiday time off?
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) 312-6706 to get advice on developing a stat holiday pay and entitlement policy tailored to your business.