Family Day Statutory Holiday in Ontario: Employee Guide

What is Family Day?

Family Day is a public holiday that provides workers a day off to spend time with their family. In Ontario, Family Day is recognized as a statutory holiday, and most provincially regulated employees get the day off work with pay.

Family Day was introduced in 2008 by the McGuinty government to provide provincially regulated workers with a long weekend in February, a month previously lacking long weekends. In addition to promoting a better work-life balance, this holiday stimulates the economy by encouraging increased travel and leisure spending within the province.

When is Family Day?

Family Day occurs annually in Ontario on the third Monday in February.

Is Family Day a Paid Day Off in Ontario?

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

Family Day Dates

Who is entitled to Family Day in Ontario?

Most provincially regulated employees in Ontario are eligible to take Family Day off as a statutory holiday, according to the Employment Standards Act (ESA).

LEARN MORE
• Severance pay for federally regulated workers

Who is not entitled to Family Day?

Family Day isn’t a statutory holiday for the following workers in Ontario:

• Federally Regulated Employees: People working for a federally regulated business (i.e. banks, telecommunications, broadcasters, etc.) follow the Canada Labour Code (CLC) instead of the ESA.
• “Continuous Operation” Employees: People working for a business that operates non-stop, often 24 hours per day without interruption. This may include hospitals, security services, or hotels. Typically, employers offer an alternate day off or pay a higher rate for work done on the holiday.
• Professions Exempt from the ESA: Some occupations are exempt from parts of the province’s Employment Standards Act. This includes police officers, firefighters, seasonal workers, and taxicab drivers.
• Employees with Generous Agreements: If an employee works somewhere that provides ten or more days off (more than the minimum under the ESA), the employer can “trade” Family Day with an extra day they were already providing.

Working on Family Day: Pay Rights

If you work on Family 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 Family 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 Family Day.

The “Last and First Rule”

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

Calculating Family Day Pay in Ontario

To calculate pay for Family 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 Family Day off?

In Ontario, the ESA mandates that eligible employees, unless exempt due to specific reasons, are entitled to take Family 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 Family Day

If you’ve been fired without cause near Family 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.

WATCH: Employment lawyer Lior Samfiru explains what you shouldn’t do before seeking legal counsel on an episode of the Employment Law Show.

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.