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

What is New Year’s Day?

New Year’s Day is a public holiday in Canada, traditionally a day for giving to the less fortunate. Today, it’s famous for its post-Christmas shopping deals and as a day to relax and unwind after the festive season. It occurs on the first day of January. In Ontario, New Year’s Day is recognized as a statutory holiday, and most provincially and federally regulated employees get the day off work with pay.

This holiday marks the beginning of the new year and is often celebrated with various festivities, including family gatherings and fireworks. The day also provides an opportunity for rest and reflection after New Year’s Eve celebrations.

When is New Year’s Day?

New Year’s Day occurs annually on January 1st in Ontario, the first day of the year.

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

Yes. 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 is 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 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 New Year’s Day off in Ontario.

What happens if 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.

Can my employer refuse to give me 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.

Terminations and New Year’s Day

If you’ve been fired without cause near New Year’s 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.