Alberta Statutory Holiday Pay: A Guide for 2024
What is General Holiday Pay?
General holiday pay is the compensation that provincially regulated employees are entitled to receive for being off work on a general holiday in Alberta. The Employment Standards Act (ESC) sets out the requirements for general holiday pay.
Eligibility for General Holiday Pay in Alberta
In Alberta, most employees are eligible for general holiday pay if they meet one of these criteria:
- The holiday falls on a regular workday.
- They work on a holiday that isn’t a regular workday.
However, employees are not eligible for general holiday pay if they:
- Have worked less than 30 days in the 12 months before the holiday.
- Are absent without their employer’s consent on the holiday or the last scheduled day before or the first scheduled day after the holiday.
General Holiday Pay Rules
All employees in Alberta must meet these criteria to be covered by Employment Standards:
- They perform work in Alberta.
- They work in a provincially regulated industry.
- They are classified as employees, not contractors.
Industry Exceptions
Some employees, such as certain salespersons, camp counsellors, teachers, and construction workers, have different rules or are not eligible for general holidays and pay.
Regular Days of Work
A day is considered a regular day of work if the employee normally works on that day. For employees with irregular schedules, a day is regular if they’ve worked at least 5 times on that day in the previous 9 weeks – also known as ‘The 5 of 9 rule.’
Handling Future Days Off When Employment Ends in Alberta
In Alberta, if an employee’s employment ends before they have taken a future day off for a general holiday worked, the compensation owed depends on who initiated the termination:
- If the employer terminates the employment, the employee must receive their average daily wage plus 1.5 times their regular wage rate for all hours worked on the general holiday. Any wages and overtime already paid for the holiday can be deducted from this amount.
- If the employee quits, they must be paid their average daily wage for each future day off not yet taken.
General Holiday Pay Calculation
If an employee doesn’t work on the holiday, they’re entitled to their average daily wage. If they work on a regular workday holiday, employers can choose to pay them 1.5 times their hourly wage plus their average daily wage, or provide a future day off with average daily wage.
Calculating Average Daily Wage
The average daily wage is calculated using the employee’s wages from the 4 weeks preceding the holiday or the last pay period before the holiday, divided by the number of days worked.
Working on a Non-Regular Day
If an employee works on a holiday that’s not a regular day of work, they must be paid 1.5 times their hourly wage for the hours worked.
Salaried and Commission-Based Employees
Salaried employees may receive their full salary for a holiday that falls on a regular workday. Commission-based employees are eligible for general holiday pay if they meet the eligibility criteria, with calculations based on a deemed hourly wage rate or the minimum wage.
Need to Know the Specific General Holiday Dates in Alberta?
Now that you’re familiar with the rules for general holiday pay in Alberta, you might be interested in the exact dates for these holidays. Check out our comprehensive list for 2021, 2022, 2023, 2024, and 2025.
Do I Get General Holiday Pay if I’m Dismissed?
Yes. Employers in Alberta are legally obligated to provide non-unionized workers with their general holiday pay if they are fired or let go.
- Example: Jane worked on Thanksgiving and her employer said she could take a substitute holiday on December 10th. However, the company decides to let Jane go before she is able to use her substitute holiday. Her employer must provide her with her general holiday pay in addition to her severance entitlements.
Terminations and Stat Holidays
If you’ve been fired without cause or for cause before or after taking a public holiday it’s crucial to understand your rights through a consultation with an Alberta employment lawyer at Samfiru Tumarkin LLP immediately.
Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package. A full severance package can be as much as 24 months’ pay.
Talk To an Employment Lawyer
The knowledgeable employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals across the country.
In addition to severance package negotiations, we have experience securing solutions for the following employment matters:
Our lawyers in Alberta, B.C., and Ontario stand ready to help you solve your workplace issues.
If you are a non-unionized employee who needs help with an employment issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.