Labour Day Statutory Holiday in Ontario: Employee Guide

What is Labour Day?

Labour Day is a Canadian public holiday that honours the hard work and achievements of workers, recognizing their vital role in the country’s development. It occurs on the first Monday in September. In Ontario, Labour Day is recognized as a statutory holiday, and most provincially and federally regulated employees get the day off work with pay.

This holiday traditionally signals the end of summer, with many people enjoying outdoor activities and spending time with family and friends. Labour Day is often marked by parades, picnics, and festivals, reflecting a spirit of community and relaxation. It’s also a day of rest before the beginning of the school year and the return to regular work routines.

When is Labour Day?

Labour Day occurs annually on the first Monday of September.

Is Labour Day a Paid Day Off in Ontario?

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

Labour Day Dates

Who is entitled to Labour Day?

Most provincially regulated employees in Ontario are eligible to take Labour 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).

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• Severance pay for federally regulated workers

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

Working on Labour Day: Pay Rights

If you work on Labour 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 Labour 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 Labour Day.

The “Last and First Rule”

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

Calculating Labour Day Pay in Ontario

To calculate pay for Labour 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 Labour Day off?

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

If you’ve been fired without cause near Labour 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.