Statutory holidays provide employees time off to rest and celebrate important occasions. However, managing Statutory holidays in Canada can be complex for employers, especially in provinces like Newfoundland and Labrador, which have unique rules and regulations.
This extensive guide will focus specifically on statutory holidays in Newfoundland and Labrador and provide a detailed overview of critical topics related to holiday administration. A thorough understanding of these elements can help ensure proper statutory holiday compliance and administration in workplaces across Newfoundland and Labrador.
What Are Statutory Holidays in Newfoundland and Labrador for 2025?
Below are the official dates for statutory holidays in Newfoundland and Labrador for 2025:
Holiday | 2025 Date |
New Year’s Day | Wednesday, January 1 |
Good Friday | Friday, April 18 |
Canada Day | Tuesday, July 1 |
Labour Day | Monday, September 1 |
Remembrance Day | Tuesday, November 11 |
Christmas Day | Thursday, December 25 |
These statutory holidays recognize culturally significant days and provide employees with extended time off for rest and leisure. Employers must grant the day off and pay eligible employees their regular or average daily wages for these holidays.
In addition to the 6 official statutory holidays, there are 5 optional general holidays that Newfoundland and Labrador employers can choose to provide. However, these optional holidays are not mandated by provincial legislation:
- Easter Monday
- Victoria Day
- National Day for Truth and Reconciliation
- Thanksgiving Day
- Boxing Day
While employers may decide to observe any of these optional holidays at their discretion, they are not legally obligated to do so. Most federally regulated workplaces will provide time off for Victoria Day, Truth and Reconciliation Day, Thanksgiving, and Boxing Day as they are federal stat holidays.
Source: Stat Holidays Newfoundland & Labrador: An Employerโs Guide – peninsulagrouplimited.com
Who Qualifies for Statutory Holiday Pay in Newfoundland and Labrador?
To qualify for statutory holiday entitlements in Newfoundland and Labrador, employees must meet specific criteria:
- Worked for the same employer for at least 30 calendar days prior to the holiday
- Reported to their last regularly scheduled shift before and after the holiday
Employees who fail to meet both conditions are not eligible for holiday pay or time off policies. Exceptions may be made if the absence is proven to be for a valid reason and the employer consents.
Probationary employees who have worked for less than 30 days are not entitled to statutory holiday pay.
Eligibility can also be impacted by the employee’s job status and recent absences or work stoppages:
- Employees terminated prior to a statutory holiday are not eligible
- Approved leaves of absence do not disqualify an employee
- Layoffs up to 2 weeks before a statutory holiday do not impact eligibility
- Employees do not qualify while participating in a complete work stoppage
Employers must review eligibility carefully in these scenarios on a case-by-case basis.
Pay Entitlements for Statutory Holidays
Compensation for statutory holidays varies depending on whether the employee works or has the day off. Employees have different entitlements for:
- Statutory holidays not worked
- Working on the statutory holiday
- Partial shifts on a statutory holiday
Eligible employees must receive their entitled payment even if the holiday falls on a regular day off or non-work day.
Statutory Holiday Pay Calculations
Pay varies based on the employee’s typical hours and wages:
Employee Type | Calculation Method |
Full-time (fixed schedule) | Regular rate x normal daily hours |
Part-time (<4 weeks tenure) | 5% average daily wages in the past 30 days |
Part-time (4+ weeks tenure) | 5% average weekly wages in previous 4 weeks |
Salaried | Daily salary = Annual salary / 261 paid days per year |
Overtime wages are excluded from all statutory holiday pay calculations.
Pay for Statutory Holidays Not Worked
Based on the above calculations, employees who do not work on the holiday receive their regular daily wages. For example, a full-time employee earning $18/hour and working 8 hours daily would receive 8 x $18 = $144 regular stat pay.
Pay for Working Statutory Holidays
Employees who work on a statutory holiday are entitled to:
- Regular daily wages
- Plus, 1.5 times their hourly wage for all hours worked on the stat holiday
Alternatively, the employee can receive regular stat pay plus a substitute day off with pay in the next 30 days.
Pay for Partial Statutory Holiday Shifts
Employees who work fewer hours than a regular shift on the statutory holiday are still entitled to their full calculated statutory holiday pay for the day.
Substitute Holidays in Newfoundland and Labrador
Sometimes, a statutory holiday falls on a day that is normally a non-working day or rest day for an employee, such as weekends for Monday-Friday workers.
In these cases, eligible employees are entitled to take a substitute day off with pay:
- The employer must provide a substitute day off with regular pay within 30 calendar days of the statutory holiday.
- The substitute day must be a day that would normally be a working day for that employee.
- The employer and employee can agree upon which regular work day will be the substitute holiday.
For example:
- Canada Day falls on a Saturday
- An employee normally works Monday to Friday
- The employer and employee agree to designate the following Monday as the substitute statutory holiday
- The employee is paid regular wages for the substituted day off
Properly substituting another working day when a holiday falls on an employee’s normal day off ensures they still receive their paid holiday while minimizing disruption to the business.
Employer Obligations for Statutory Holidays
Employers have several statutory obligations related to administering statutory holidays in Newfoundland and Labrador:
Providing Required Paid Holidays
- Observing all required statutory holidays
- Designating substitute days when holidays fall on non-work days
- Allowing qualifying employees to take holidays off with pay
Managing Statutory Holiday Pay
- Paying all eligible employees their owed statutory holiday pay
- Using the proper pay calculation method based on hours/wages
- Issuing holiday pay on the regular payday before or after the holiday
- Including detailed stat pay information on pay stubs
Developing a Written Policy
- Having a statutory holiday policy that adheres to all Labour Standards
- Clearly communicating policy to all employees
- Updating policy promptly as regulations change
Administering Work Schedules
- Scheduling substituted days off by mutual agreement
- Posting work schedules for statutory holidays at least 1 week in advance
- Obtaining written consent for any schedule changes
Maintaining Accurate Records
- Keeping detailed payroll records regarding holiday hours and pay
- Tracking hours worked on a statutory holiday
- Documenting any absences before/after holidays
- Retaining statutory holiday records for at least 3 years
Failing to meet any of these obligations can result in warnings, fines, orders to pay, or prosecution under the Labour Standards Act.
Trends and Changes Impacting Statutory Holidays in Newfoundland and Labrador
Several trends and proposals that could shape statutory holidays have emerged in recent years:
National Day for Truth and Reconciliation
Growing push to make this a recognized statutory holiday across Canada, as it currently is only in the Yukon and Northwest Territories
Increased Flexibility for Substitute Days
Calls for allowing greater flexibility around scheduling substitute days off when holidays fall on non-work days
Simpler Pay Calculation Methods
Proposals to simplify complex stat pay calculations based on 4 weeks’ average earnings
Higher Pay for Shift Workers
Debate around instituting minimum 3-hour pay for shift workers required to work on statutory holidays.
Additional Holidays
Employee expectations are mounting to add more public holidays, such as Easter Monday or Family Day. These issues and discussions could lead to statutory holiday reforms. Employees and employers should monitor developments.
While we have covered surrounding statutory holidays in Newfoundland and Labrador, each Canadian province and territory has its own set of public holiday legislation. Some key provincial statutory holiday references:
- Statutory Holidays in Nova Scotia
- Statutory Holidays in Quebec
- Statutory Holidays in New Brunswick
- Statutory Holidays in Ontario
- Statutory Holidays in British Columbia
- Statutory Holidays in Northwest Territories
- Statutory Holidays in Yukon
Key Takeaways for Employees and Employers in Newfoundland and Labrador
Below are critical tips on statutory holidays in Newfoundland and Labrador:
Employees Should:
- Understand eligibility rules to qualify for statutory holiday pay
- Track proper statutory holiday pay based on regular wages/hours
- Confirm substitute days off in writing in advance if needed
- Provide sufficient notice for any absences before/after holidays
- Ask employers to clarify any ambiguities in holiday policies
Employers Must:
- Observe all six mandated statutory holidays in the province
- Have a written statutory holiday policy aligned with regulations
- Pay all eligible employees their proper holiday pay on time
- Schedule substitute days off appropriately with consent
- Provide 1 week’s notice of holiday work schedules
- Keep accurate payroll records of all statutory holiday hours/pay
FAQs related to Statutory Holidays in Newfoundland and Labrador
What if a statutory holiday falls on an employee's day off?
The next scheduled work day becomes the substitute statutory holiday. Or the employer and employee can mutually agree in writing to designate another work day as the substitute holiday.
Can employers substitute another day for a statutory holiday?
Yes, if the statutory holiday falls on an employee's normal day off, employers can substitute the next work day or another day by mutual written agreement with the employee.
Do employers have to pay for statutory holidays?
Yes, eligible employees must receive their regular calculated statutory holiday pay even if they do not work on the statutory holiday.
What are the employer's obligations for statutory holidays?
Employers must observe all required holidays, pay proper stat pay, have a written policy, schedule substitutes appropriately, provide notice of schedules, and keep payroll records.
Do all employees get statutory holidays off with pay?
No, only eligible employees who have worked for at least 30 days before the statutory holiday qualify. Probationary employees are not entitled to statutory holiday pay.
Can an employer make an employee work on a statutory holiday?
Yes, employers can require employees to work on a statutory holiday if needed, but proper compensation must be paid for working the holiday.
What happens when an employee works on a statutory holiday in Newfoundland and Labrador?
Employees who work on a statutory holiday are entitled to their regular daily wages plus 1.5 times their hourly wage for all hours worked. Alternatively, they can receive regular stat pay plus a substitute day off with pay.