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

What is New Year’s Day?

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 in the province get the day off work with pay.

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).

LEARN MORE
• 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 lost your job before or after New Year’s Day, or another stat holiday, it’s crucial to understand your severance rights through a consultation with an employment lawyer at Samfiru Tumarkin LLP immediately.

Our knowledgeable team has helped tens of thousands of non-unionized individuals in Ontario, Alberta, and B.C.

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

Contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.