Working an extra day in a leap year: Ontario employment lawyer discusses employee rights on CFRA

Interview Summary

Hourly employees in Canada who work on Feb. 29 will be paid according to their previous payment structure.

For many Canadians who receive an annual salary, however, a leap year can mean an extra day of work without an accompanying increase in pay.

What options do employees have, if any, to receive an extra day’s worth of wages? Should employers be obligated to provide more compensation to employees in a leap year?

Travis Carpenter, an Ontario employment lawyer and Associate at Samfiru Tumarkin LLP, offered insight into employee rights and employer obligations on Newstalk 580 CFRA with Kristy Cameron.

Interview Notes

• Concern for employees: Carpenter addressed whether or not this is a common complaint for salaried workers and stated, “It is important for everyone to consider this. Many people are currently struggling financially. In reality, there are no laws or regulations that account for leap years and extra pay.” Carpenter went on to reiterate that there is always variability in terms of working days in any year.
• Next steps for employees: Carpenter offered employees important insight if they wish to voice complaints to their employers. “From an employer’s perspective, maintaining a calm and positive workplace should always be a priority. Employers should not sweep employee concerns under the rug. Realistically for salaried employees, this issue only comes up once every four years.”
• Protecting employer and employee relationship: To ensure the employer and employee relationship is satisfied, Carpenter stated that employers must ensure they’re complying with provincial legislation. “For salaried employees making close to minimum wage, by making them work an extra day their wages could average out to less than minimum wage.”

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