Wage theft for employees working an extra day in a leap year: Employment lawyer on 640 Toronto

Interview Summary

Hourly employees in Canada who work on Feb. 29 will be paid accordingly. For many salaried Canadians, a leap year often means an extra day of work without a pay increase.

Many workers believe this should be considered wage theft. What are employer expectations regarding the extra day every four years? What can employees do, if anything, if they wish to be compensated?

Teilen Celentano, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP, joined Kelly Cutrara on 640 Toronto to discuss employee rights and employer expectations.

Interview Notes

• Employment laws regarding leap year pay: Celentano explained that there are no laws regarding extra pay or wage theft in a leap year. “This has not been addressed in legislation in the ESA or the Canada Labour Code.” Celentano went on to state that there is already variability in the number of days employees work in a year, and extra pay for one day every four years is unlikely.
• Wage theft and employee concerns: “The workplace is cultivated by the employees and the employer,” Celentano went on to reiterate. Employees who enjoy their work and the people they work with are less likely to express discontent and raise concerns about unfair pay.
• Communicating with the employer: Celentano urged employees to always express concerns with their employers if they arise and allow for open communication. “Employees should enter the conversation understanding that they don’t have any leverage. Asking for a little give and take is not a bad thing.”

Related Resources

For further insights and discussions related to overtime pay and pay in a leap year, explore the following resources:

• Overtime pay in Ontario
• Extra pay for salaried workers on a leap year