Statutory Holidays & Overtime: Know Your Pay Rights in Ontario

Overtime Pay: The 44-Hour Rule

In Ontario, overtime pay begins after you have worked 44 hours in a single work week. The "work week" is defined by your employer (usually Sunday to Saturday).

• Overtime Rate: At least 1.5 times your regular rate ("time and a half").
• Managers and Professionals: Many managers and licensed professionals (like lawyers, engineers, and IT professionals) are exempt from overtime pay rules.
• No "Banking" Without Agreement: You cannot be forced to "bank" overtime hours as time off instead of pay unless you agree to it in writing.

Public Holidays in Ontario

There are 9 public holidays in Ontario where most employees are entitled to a day off with pay:

Note: Civic Holiday (August) and Remembrance Day are NOT statutory holidays in Ontario under the ESA.

Public Holiday Pay Calculation

To calculate public holiday pay, add up all regular wages earned and vacation pay payable in the4 work weeks prior to the holiday, and divide by 20.

The "First and Last" Rule

To qualify for public holiday pay, you must:

1. Work your entire regularly scheduled shift before the holiday.
2. Work your entire regularly scheduled shift after the holiday.

If you miss either of these shifts without reasonable cause (e.g., medical emergency), you lose your entitlement to holiday pay.

Working on a Public Holiday

If you agree to work on a public holiday, your employer must:

• Pay you "Premium Pay" (1.5x) for the hours worked PLUS public holiday pay.
• OR Pay you regular rate for the hours worked AND give you a substitute day off with pay.

Common Violations

• Employers averaging hours over two weeks to avoid paying overtime in one week.
• Failing to pay public holiday pay to part-time or seasonal workers (they ARE entitled).
• Misclassifying employees as "managers" to avoid overtime.