This is a CONTROLLED document for internal use only.

Any documents appearing in paper form are not controlled and should be checked against the
electronic SharePoint version prior to use.

Document Scope: Hospital-wide Administration

Document Type: Policy; Procedure
Approved on 2018-07-24
Next Review Date: 2019-07-24

Statutory Holiday Version: 4

Effective Date: 2008-10-01

1.0 Introduction
Statutory or Public Holidays, established by the Ontario Employment Standards Act, 2000, entitle employees to a day off
with pay on designated holidays.

2.0 Policy
Statutory Holiday pay is provided to employees who meet the eligibility requirements. This policy outlines the entitlements,
qualifications and procedures to be followed for administering statutory holidays. Each year, SickKids defines when
statutory holidays will be observed

The Hospital for Sick Children recognizes the following 10 statutory holiday days:
 New Year's Day  August Civic Holiday
 Family Day  Labour Day
 Good Friday  Thanksgiving Day
 Victoria Day  Christmas Day
 Canada Day  Boxing Day

2.1 Managers are required to establish department specific practices that define minimum staff coverage requirements to
ensure that qualified staff are available to work on statutory holidays. They are also responsible for ensuring that
employees take and/or are paid appropriately for statutory holidays.

2.3 Human Resources is responsible for administering the statutory holiday eligibility and entitlements in accordance with
the requirements established under the Ontario Employment Standards Act, 2000. Human Resources is also responsible
for monitoring the application of this policy.

3.0 Definitions
Statutory Holiday Pay: based on the employee’s total regular wages paid to the employee in the 4 work weeks ending
just before the work week in which the statutory holiday occurs, divided by 20. Should this calculation for eligible
employees result in an entitlement of less than daily job standard hours for the position (e.g. 7 or 7.5), the employee will
be paid at minimum, the job standard hours. Regular wages do not include any overtime or premium pay.

Premium Pay: one and one half times an employee’s regular rate for each hour worked on the statutory holiday day.

4.0 Procedure
4.1 Qualifying for Statutory Holiday Pay

Employees qualify for statutory holiday entitlement unless they:

 Fail without reasonable cause to work their regularly scheduled shift before or after the statutory holiday or
 Fail without reasonable cause to work their entire shift on the statutory holiday if they agreed to or were required
to work that day or
©The Hospital for Sick Children. All Rights Reserved. This document is specific to SickKids internal activities at the time of printing. SickKids does not
accept responsibility for use of this material by any person or organization not associated with SickKids. No part of the document should be used for
publication without appropriate acknowledgement.

Page 1 of 4
This is a CONTROLLED document for internal use only. Any documents appearing in paper form are not controlled and should be checked against the
electronic SharePoint version prior to use.

Document Scope: Hospital-wide Administration

Document Type: Policy; Procedure
Approved on 2018-07-24
Next Review Date: 2019-07-24

Statutory Holiday Version: 4

 Receive 13% in lieu of benefits (the 13% premium includes Statutory Holiday pay)

An employee is generally considered to have reasonable cause for missing work when something beyond their control
prevents the employee from working. It is the employee's responsibility to show that they had reasonable cause for
staying away from work.

4.2 Employees Required to Work on a Statutory Holiday

SickKids has the right to require an employee to work their regularly scheduled shift when it falls on a statutory holiday.

If the employee is required to work on the statutory holiday, the employee is eligible to receive either:

Option 1 Option 2
A substitute day off with statutory holiday pay Statutory holiday pay for the day plus premium pay
(see section 3.0 - Definition of Statutory Holiday Pay) (see section 3.0 - Definition of Premium Pay)

Option 1: A Substitute Shift Day Off With Statutory Holiday Pay

Under this option the employee is paid premium pay on the statutory holiday (1.5 times the regular straight hourly rate)
and on the substitute day off that the employee will take, the employee is paid statutory holiday pay. So the employee
earns double time and a half for working the statutory holiday, which is paid at the time of the statutory holiday (premium
pay) and when the substitute day off is taken (statutory holiday pay). This substitute day off must be scheduled for a day
that is no later than 3 months after the statutory holiday. The employee will receive statutory holiday pay for this day
when it is scheduled. Employees are not entitled to bank more than 22.5 hours of statutory holiday time. Those
employees with 22.5 hours of time in their statutory holiday bank will automatically receive pay for any subsequent
statutory holiday.

Option 2: Statutory Holiday Pay for the Day Plus Premium Pay

Under this option the employee is paid premium pay for hours worked on the statutory holiday and statutory holiday pay.
So the employee earns double time and a half for working the statutory holiday, and is paid at the time of the statutory
holiday. The employee must notify their timekeeper in advance as to their request to be paid for the day.

4.3 Overtime

Employees who are requested by management to work beyond their normal scheduled hours of work on a statutory
holiday are entitled to 2 times their regular straight time hourly rate for such additional hours.

4.4 Employees Not Working on a Statutory Holiday

Eligible employees who would normally work the day of a statutory holiday, but are not required to work, will get the day
off with holiday pay.

If the holiday falls on an eligible employee's regular day off they shall receive either:
 statutory holiday pay for the day or
©The Hospital for Sick Children. All Rights Reserved. This document is specific to SickKids internal activities at the time of printing. SickKids does not
accept responsibility for use of this material by any person or organization not associated with SickKids. No part of the document should be used for
publication without appropriate acknowledgement.

Page 2 of 4
This is a CONTROLLED document for internal use only. Any documents appearing in paper form are not controlled and should be checked against the
electronic SharePoint version prior to use.

Document Scope: Hospital-wide Administration

Document Type: Policy; Procedure
Approved on 2018-07-24
Next Review Date: 2019-07-24

Statutory Holiday Version: 4

 a substitute holiday off with statutory holiday pay. This substitute day off must be scheduled for a day that is no
later than 3 months after the statutory holiday. Employees are not entitled to bank more than 22.5 hours of
statutory holiday time.

If the holiday falls on or during the employee's vacation they will get the day off with statutory holiday pay and will have the
day recorded as a statutory holiday.

Eligible employees on paid leave of absence including sick time will have the day recorded as a statutory holiday.
Employees on Maternity/Parental or Adoption leave are not eligible for statutory holidays that occur during such leave.

If the holiday falls on the day an employee is scheduled to return from an unpaid leave, the employee will not be paid for
the statutory holiday as there have been no regular wages paid in the 4 work weeks ending just before the work week in
which the statutory holiday occurred. Top-up payments are not considered regular wages.

5.0 Administrative Guidelines

5.1 Days off in lieu of Statutory Holidays

A substitute day off in lieu of a statutory holiday must be taken within 3 months of the statutory holiday. This day must be
taken with the agreement of the Manager and the designated day shall be deemed to be the statutory holiday.
Employees are not entitled to bank more than 22.5 hours of statutory holiday time. When an employee has reached 22.5
hours in their statutory holiday bank they will be automatically paid for any subsequent statutory holiday. Employees are
not entitled to have a negative statutory holiday balance in their bank at any time.

5.2 Employees Absent on Scheduled Work Day

Employees scheduled to work on a statutory holiday who are absent due to illness will have their absence recorded as
sick hours (if available) and the employee will bank the statutory holiday.

Employees absent on the scheduled work day prior to or following the statutory holiday may be required to provide
appropriate medical certification upon return to work and to follow the requirements of the Absence Management Policy.

5.3 Payment on Transfer or Termination

Any banked statutory holiday time will be paid out in cash:

 When an employee transfers from an employment class eligible for statutory holiday pay to one that receives
statutory holiday pay as part of a percentage in lieu of benefits payment.
 Upon an employee's termination of employment at SickKids.

6.0 References
Government of Ontario (2000). Public Holidays, Employment Standards Act, Part X - Definitions 24.(1) www.e-
laws.gov.on.ca

©The Hospital for Sick Children. All Rights Reserved. This document is specific to SickKids internal activities at the time of printing. SickKids does not
accept responsibility for use of this material by any person or organization not associated with SickKids. No part of the document should be used for
publication without appropriate acknowledgement.

Page 3 of 4
This is a CONTROLLED document for internal use only. Any documents appearing in paper form are not controlled and should be checked against the
electronic SharePoint version prior to use.

Document Scope: Hospital-wide Administration

Document Type: Policy; Procedure
Approved on 2018-07-24
Next Review Date: 2019-07-24

Statutory Holiday Version: 4

7.0 Application
All eligible staff. The terms of the Collective Agreement apply to CUPE and OPSEU represented staff.

===== END OF POLICY =====

©The Hospital for Sick Children. All Rights Reserved. This document is specific to SickKids internal activities at the time of printing. SickKids does not
accept responsibility for use of this material by any person or organization not associated with SickKids. No part of the document should be used for
publication without appropriate acknowledgement.

Page 4 of 4