National Holiday - June 24th
On Sunday, June 24th, Québec's employees who work for provincially regulated employers will celebrate the national holiday. This past June 7, the National Assembly of Québec unanimously adopted An Act to Amend the National Holiday and other legislative provisions. In virtue of these new provisions, the national holiday is no longer postponed until Monday, June 25th except for those employees who do not ordinarily work on Sunday.
In addition, retail sales establishments no longer have to close on Monday (instead of Sunday) when the 24th of June and the 1st of July fall on a Sunday.
How does the leave apply to June 24th?
- An employee who ordinarily works on Sunday is entitled to a paid leave on Sunday, June 24th.
- An employee who does not ordinarily work on Sunday is entitled to a paid leave on Monday, June 25th. June 25th then becomes the statutory holiday for an employee who ordinarily does not work on Sunday.
- If an employee must work in an establishment where, due to the nature of the activities, work is not interrupted on June 24th (or June 25th in the case where an employee does not ordinarily work on Sunday), his employer must grant him a paid leave on the working day preceding or following June 24th (or June 25th), or pay him the indemnity stipulated in the Act.
- If an employee is on vacation on June 24th (or June 25th for an employee who does not ordinarily work on Sunday), his employer must grant him a compensatory holiday on a date agreed upon between them or pay him the stipulated indemnity.
- Specific rules are established with respect to collective agreements which have been concluded before June 8, 2007, to ensure that the references to the 24th of June and the 1st of July in collective agreements conform with the amendments brought to the legislation.
How is the indemnity calculated for the national holiday
The employer must pay the employee an indemnity equal to 1/20 of the wages earned during the four complete weeks of pay preceding the week of June 24th, excluding overtime, but increased by tips, where applicable. In the case of an employee remunerated in whole or in part by commission, the indemnity is equal to 1/20 of the wages earned during the 12 complete weeks of pay preceding the week of June 24th.
Canada Day (Confederation) - July 1st
An Act respecting Labour standards, R.S.Q., c. N-1.1, stipulates that the 1st of July or, if this date falls on a Sunday, July 2nd, is a statutory general holiday.
How does the leave apply to July 1st?
Employees subject to the Act respecting Labour Standards (i.e. employees who work for provincially regulated employers) are entitled to an indemnity for each statutory holiday stipulated in the Act, provided that they were not absent from work, without their employer's authorization or without valid reason, on the working day preceding or the working day following this holiday. The working day preceding or following the statutory holiday is the working day for the employee.
The provisions respecting statutory holidays do not apply to an employee who benefits, under a collective agreement or a decree, from at least seven paid statutory holidays in addition to the National Holiday. Nor do these provisions apply to an employee of the same undertaking who benefits from a number of days of leave at least equal to that stipulated in this agreement or decree (without necessarily being subject thereto).
How is the indemnity calculated for July 1st?
The indemnity that an employer must pay an employee for a paid statutory holiday is equal to 1/20 of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime. In the case of an employee receiving gratuities, the amount of the reported or attributed gratuities must be taken into account in the calculation of the indemnity. The indemnity of an employee remunerated in whole or in part by commission is equal to 1/60 of the wages earned during the twelve complete weeks of pay preceding the week of the holiday.
An employee who works on a statutory holiday must receive, in addition to his usual wages, a compensatory indemnity or a paid compensatory holiday of one day. This compensatory holiday must be taken in the three weeks preceding or following the statutory holiday.
If the employee is on annual leave, the employer must pay him the compensatory indemnity or grant him a paid compensatory holiday of one day on a date agreed upon between them.