New Year’s Day Statutory Holiday in Ontario: Employee Guide

New Year’s Day is a statutory holiday in Ontario — celebrating the start of a new year in the country.

The public holiday provides an opportunity for rest and reflection after New Year’s Eve celebrations, which usually include family gatherings and fireworks.

Most provincially and federally regulated employees get the day off work with pay.

Is Jan. 1 Always New Year’s Day?

Yes. New Year’s Day occurs annually on Jan. 1 in Ontario — the first day of the year.

Is New Year’s Day a Paid Day Off in Ontario?

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

New Year’s Day Dates

Who’s Entitled to New Year’s Day?

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

Federally regulated employees working in the province 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 New Year’s Day off in Ontario.

When New Year’s Day Falls on a Weekend

If the New Year’s Day stat holiday falls on a non-working day 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 New Year’s Day: Pay Rights

If you work on New Year’s 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 New Year’s 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 New Year’s Day.

The “Last and First Rule”

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

Calculating New Year’s Day Pay in Ontario

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

Employer Refuses to Give You New Year’s Day Off?

In Ontario, the ESA mandates that eligible employees — unless exempt due to specific reasons — are entitled to take New Year’s Day off with pay.

If your employer denies you this statutory holiday, it’s important to seek assistance from the Ministry of Labour and a legal professional.

Terminations and New Year’s Day

If you lost your job before or after New Year’s Day, or another stat holiday, don’t panic.

📞 Contact Samfiru Tumarkin LLP at 1-855-821-5900 or book a consultation online.

Our knowledgeable team has helped tens of thousands of non-unionized individuals in Ontario, Alberta, and British Columbia (BC) resolve a variety of workplace issues.