Entitlement to Holiday Pay when the Holiday falls on your Day of Rest

Attention: Members who work for the NSHA:

We have received a number of queries regarding entitlement to holiday pay during this holiday season. In particular, the Employer issued a memo to all employees advising that December 22nd would be designated as the half day Christmas Eve holiday for Monday to Friday employees. However, your Payroll Department has been advising employees who work in a department that will remain open on Friday afternoon that they will not receive holiday pay for the afternoon, but that only employees who work December 24th will be entitled to holiday pay.

Your Collective Agreement provides that when a day designated as a holiday coincides with an employee’s day of rest, the Employer shall “grant the holiday with pay” on either:

(a)  The working day immediately following the employee’s day of rest; or

(b)  The day following the employee’s annual vacation; or

(c)   Another mutually acceptable day between the Employer and the employee.

The Union’s position is that the day designated as the holiday for you, whether it be the actual holiday or a holiday designated under (a), (b) or (c) above, is the day that attracts holiday pay if you are required to work. The Employer is not entitled to move your holiday, require you to work it and then not pay you premium pay. In this case, based on the Employer’s interpretation that holiday pay is only due for time worked on December 24th, it would mean that employee’s whose normal day or rest falls on the 24th and are then made to work on the day otherwise designated as the holiday would never receive the holiday/holiday pay.

Please contact your ERO if you believe you were not properly compensated for time worked during the Christmas/New Year’s period.

Thank you and Happy Holidays!