Christmas Day Statutory Holiday in Ontario: Employee Guide

What is Christmas Day?

Christmas Day is a significant public holiday in Canada commemorating the birth of Jesus Christ. It is widely celebrated not only as a religious observance but also as a secular family holiday by people of various beliefs. It always falls on December 25. In Ontario, Christmas Day is recognized as a statutory holiday, and most provincially and federally regulated employees get the day off work with pay.

It is a significant holiday marked by family gatherings, gift exchanges, and festive meals. Many families also engage in outdoor activities like sledding or skating, weather permitting. Christmas is a time for sharing, generosity, and community spirit, with many participating in charitable activities.

When is Christmas Day?

Christmas Day occurs annually on December 25th in Ontario.

Is Christmas Day a Paid Day Off in Ontario?

Yes. Christmas Day is a paid day off for most people working in Ontario, including salaried, seasonal, full-time, part-time, contract and temporary workers.

Christmas Day Dates

Who is entitled to Christmas Day?

Most provincially regulated employees in Ontario are eligible to take Christmas Day off as a statutory holiday, according to the Employment Standards Act (ESA). Federally regulated employees working in Ontario are also entitled to the holiday under the Canada Labour Code (CLC).

LEARN MORE
• Severance pay for federally regulated workers

Employees in continuous operations like hospitals or essential services might not get Christmas Day off in Ontario.

What happens if Christmas Day falls on a weekend?

If the Christmas Day stat holiday falls on a non-working day in Ontario or during a vacation, employees are entitled to another day off with pay.

• Example: If you normally work weekdays and a holiday falls on Saturday, your employer may give you the following Monday off with pay.

Alternatively, you can agree to receive holiday pay for the actual holiday and not take an additional day off.

Working on Christmas Day: Pay Rights

If you work on Christmas Day in Ontario, you have the right to extra pay. You can get holiday pay plus 1.5 times your usual pay, or your regular pay plus another holiday day off. It depends on your employer’s rules and policies.

• Alternative Day Off: If you work on Christmas Day and choose a day off instead of extra pay, you must take this day off within 3 months of the holiday. However, you can agree in writing with your employer to take the day off within 12 months of Christmas Day.

The “Last and First Rule”

In Ontario, you must work your last scheduled shift before and first shift after Christmas Day to be eligible for holiday pay, unless you have a valid reason for missing work (like an illness or injury).

Calculating Christmas Day Pay in Ontario

To calculate pay for Christmas Day in Ontario, divide the total wages earned in the four weeks before the holiday week by 20.

Can my employer refuse to give me Christmas Day off?

In Ontario, the ESA mandates that eligible employees, unless exempt due to specific reasons, are entitled to take Christmas Day off with pay. If your employer denies you this statutory holiday, it’s important to seek assistance from the Ministry of Labour.

Terminations and Christmas Day

If you’ve been fired without cause near Christmas Day, it’s crucial to understand your rights through a consultation with an Ontario 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 Ontario, Alberta, and B.C. 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.