Are salaried employees in Canada owed extra pay during a leap year?

In most cases, salaried employees in Canada aren’t owed additional compensation if they have to work an extra day during a leap year.

Since these workers are paid a fixed amount per year or per annum, the number of days in the year doesn’t affect their entitlements.

LISTEN: Employment lawyer Teilen Celentano discussed extra pay for salaried employees during a leap year with 640 Toronto’s Kelly Cutrara.

Unlike salaried staff, hourly employees must be paid accordingly if they have to work an extra day during a leap year.

ADDITIONAL COVERAGE
• Employment lawyer discusses leap day entitlements with 580 CFRA
• Toronto Star: Are salaried Canadians working for free on Feb. 29?
• Lawyer talks extra pay for salaried employees during leap years: The Globe and Mail
• Receiving extra pay during leap years: Employment lawyer on 640 Toronto

Can salaried employees ask their boss for extra pay during a leap year?

While salaried Canadians can ask their employer for additional compensation if they have to work an extra day during a leap year, their boss isn’t legally obligated to provide more money.

Can my employer make major changes to my job if I ask for extra pay during a leap year?

In Canada, non-unionized workers don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the country.

If unwanted changes are made to your job after asking for extra pay during a leap year, or for any reason, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

However, you shouldn’t quit your job until an experienced employment lawyer at Samfiru Tumarkin LLP confirms that you have been constructively dismissed.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated workers
• Severance packages during mass layoffs

My employer is pressuring me to quit after asking for extra pay, what should I do?

No matter how upset your boss is that you asked for extra pay during a leap year, companies in Canada can’t pressure or force non-unionized employees to resign.

If your employer is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting an experienced employment lawyer at Samfiru Tumarkin LLP. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, reach out to our firm as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for asking for extra pay during a leap year?

Employers in Canada can fire non-unionized workers if they ask for extra pay during a leap year.

This is known as a termination without cause. You can be let go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

What your boss wouldn’t be able to do in this situation is fire you for cause — meaning no severance package or Employment Insurance (EI) benefits.

Considered the harshest punishment in a company’s arsenal, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

To justify firing you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

My employer is pressuring me to sign my severance offer immediately, what should I do?

In Canada, it’s not uncommon for employers to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with a member of our team.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

Lost your job? Speak with an employment lawyer

If you are fired or let go after asking for extra pay during a leap year, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.