Statutory holidays, also known as public holidays, provide employees across Canada with valuable paid time off to rest, relax, and celebrate occasions with loved ones. For employers and employees in Ontario, there are nine statutory holidays each year to be recognized. If you’re an employee in Ontario, it’s essential to understand your rights related to these holidays.
What are the statutory holidays in Ontario?
The Ontario Employment Standards Act (ESA) designates nine paid statutory holidays that employers must provide to staff. Notably, Ontario is the only Canadian province to recognize Boxing Day as a paid statutory holiday. Most other provinces do not mandate this extra day off.
The following is the list of official statutory holidays in Ontario in 2024, 2025 and 2026:
| ON’s Holiday | 2024 Date | 2025 Date | 2026 Date | 
|---|---|---|---|
| New Year’s Day | Monday, January 1 | Wednesday, January 1 | Thursday, January 1 | 
| Family Day | Monday, February 19 | Monday, February 17 | Monday, February 16 | 
| Good Friday | Friday, March 29 | Friday, April 18 | Friday, April 3 | 
| Victoria Day | Monday, May 20 | Monday, May 19 | Monday, May 18 | 
| Canada Day | Monday, July 1 | Tuesday, July 1 | Wednesday, July 1 | 
| Labour Day | Monday, September 2 | Monday, September 1 | Monday, September 7 | 
| Thanksgiving Day | Monday, October 14 | Monday, October 13 | Monday, October 12 | 
| Christmas Day | Wednesday, December 25 | Thursday, December 25 | Friday, December 25 | 
| Boxing Day | Thursday, December 26 | Friday, December 26 | Saturday, December 26 | 
In addition to these statutory holidays, some employers may provide time off for other important dates, including:
- Easter Monday – Monday, April 21, 2025
 - Civic Holiday – Monday, August 4, 2025
 - Remembrance Day – Tuesday, November 11, 2025
 - National Day for Truth and Reconciliation – Tuesday, September 30, 2025
 
However, the ESA does not require employers to observe Easter Monday, Civic Holiday, Remembrance Day, or the National Day for Truth and Reconciliation. These are considered “optional holidays,” and employers can choose to provide time off at their discretion.
Source: Statutory holidays in Ontario – statutoryholidays.com
Who is Eligible for Statutory Holiday Pay in Ontario?
In Ontario, the vast majority of employees are entitled to take statutory holidays off and receive holiday pay. However, eligibility depends on meeting specific criteria.
The “Last and First” Rule
To receive statutory holiday pay, employees must work their entire last regularly scheduled shift immediately before the holiday and their first regular shift immediately after, unless they have reasonable cause for missing work.
For example, an employee would still be eligible if they missed their shift right before the holiday for a pre-approved day off. But they would be ineligible if they missed this shift without the employer’s permission, without proper justification.
Provided they meet the last and first shift rule, these employees are entitled to statutory holiday pay:
- Full-time employees
 - Part-time employees
 - Permanent employees
 - Contract employees
 
The employee must have earned regular wages from the employer for work performed in the 4-week period before the statutory holiday. They must have a regular work schedule and pay cycle with this employer.
Exceptions
There are two exceptions where employees may not qualify for statutory holiday pay even if they meet the last and first shift rules, including:
- Employees who work in specific industries like construction, landscape gardening, or retail.
 - Employees are regulated under federal legislation rather than the provincial ESA. For example, those who work in banking, transportation, or telecommunications.
 
These employees may have different entitlements and should verify directly with their employer.
How to Calculate Ontario Stat Holiday Pay
When an eligible employee takes a statutory holiday off, Ontario uses a simple formula to calculate the statutory holiday pay:
Statutory Holiday Pay = Total Regular Wages in the Previous 4 Weeks ÷ 20
This formula also accounts for part-time and newly hired employees. Their holiday pay is prorated based on what they earned in the previous four weeks.
Step-by-Step Calculation Process
The calculation follows four steps:
- Step 1: Identify the four complete work weeks before the holiday week
 - Step 2: Total all regular wages earned (excluding overtime)
 - Step 3: Add vacation pay payable for the period
 - Step 4: Divide the sum by 20
 
For example, if the employee earned $2,000 in regular wages in the 4 weeks before the holiday, their holiday pay will be $2,000 ÷ 20 = $100.
Regular wages exclude overtime pay, vacation pay, public holiday pay, premium pay, domestic violence leave pay, termination pay, and severance pay.
When to Include Vacation Pay in Calculations
Vacation pay inclusion depends on payment method and timing:
- Employees receiving vacation pay per paycheque include at least 4% of wages earned during the four-week period. Higher vacation percentages, like 6% apply when earned.
 - Lump-sum vacation pay counts only if paid during the four-week calculation period. Payments outside this window don’t affect holiday pay calculations.
 - Employees taking vacation during the period include vacation pay received if paid before or during the vacation time.
 
What Happens If You Work on Statutory Holidays in Ontario?
An employee may sometimes agree to work on a statutory holiday if the employer requires them. There are two options for compensation:
Option 1: Premium Pay
The employee receives premium pay, which is 1.5 times their regular hourly wage, for all hours worked on the statutory holiday.
In addition, statutory holiday pay must be provided for the day off.
Option 2: Substitute Day Off
Instead of receiving premium stat pay, employees in Ontario can choose to receive:
- Regular wages for hours worked on the statutory holiday
 - A substitute paid day off (taken within 3 months)
 
The employer must provide the employee with written notice before the holiday outlining the substitute day.
This gives the employees in Ontario another day to enjoy and celebrate the occasion of that statutory holiday.
Termination Around Statutory Holidays in Ontario
Employees are still entitled to statutory holiday pay even if they are terminated shortly before or after the holiday.
For example, if an employee was terminated on December 20th, and Christmas Day fell on December 25th that year, the employer would still need to pay out the employee’s Christmas Day statutory holiday pay.
Failing to provide statutory holiday pay upon termination violates Ontario’s ESA, and employees can seek assistance from an employment lawyer to review such cases.
The bottom line
When managing statutory holidays in Ontario, employers should focus on:
- Understanding the nine statutory holidays mandated under the ESA
 - Developing a comprehensive written policy on eligibility, pay, and entitlements
 - Using HR/payroll tools to simplify statutory holiday pay administration
 - Ensuring all employees understand eligibility requirements and entitlements
 
Whereas, employees in Ontario should also clearly understand:
- Their entitlement to take statutory holidays off with public holiday pay
 - Premium pay or substitute day options for working on holidays
 - Eligibility depends on meeting the “first and last” rule
 - How statutory holiday pay is calculated
 - Their specific statutory holiday entitlements
 
Statutory holidays provide employees with the necessary paid time off for rest, leisure, and celebrating occasions. Employers must comply with all requirements around eligibility, pay, premiums, and substitute days.
Each Canadian province and territory has its own set of public holiday legislation. Find out more at:
- Statutory Holidays in Northwest Territories
 - Statutory Holidays in Yukon
 - Statutory Holidays in Nunavut
 - Statutory Holidays in Nova Scotia
 - Statutory Holidays in New Brunswick
 - Statutory Holidays in Manitoba
 
FAQs related to Statutory Holidays in Ontario
How do you calculate statutory holiday pay in Ontario?
Statutory holiday pay is calculated by totalling the regular wages earned and vacation pay payable in the 4 work weeks before the holiday, then dividing that total by 20.
What is premium pay for working on a statutory holiday in Ontario?
Premium pay for working on a statutory holiday is when employees receive 1.5 times their regular hourly wage or salary for any hours worked on the statutory holiday.
Can an employee take a substitute day off instead of premium stat pay in Ontario?
Yes, employees can opt to take a substitute day off with public holiday pay instead of receiving premium pay for working on the statutory holiday.
What is the eligibility rule for statutory holiday pay in Ontario?
Employees must work their full scheduled shifts before and after the holiday to be eligible, known as the "first and last" rule. There can be no unauthorized absences on the days before and after the stat.
Are part-time employees eligible for stat holiday pay in Ontario?
Yes, part-time employees are eligible for statutory holiday pay if they meet the "first and last" rule and work their full stat holiday shift when required.
Can probationary employees qualify for stat holiday pay?
Yes, probationary employees are entitled to statutory holiday pay in Ontario if they meet the eligibility requirements. Their length of service does not impact eligibility.
When must I take a substitute holiday in Ontario?
Substitute holidays must be taken within 3 months of the original holiday, or within 12 months if you agree to the extension in writing.
Can I be fired for refusing to work a statutory holiday in Ontario?
In most industries, you cannot be fired for refusing to work a statutory holiday in Ontario. However, employees in exempt industries may be required to work if it's their regular scheduled day.
Can I bank statutory holidays in Ontario?
No, you cannot bank multiple stat holidays indefinitely. Substitute holidays must be taken within 3 months (or 12 months with a written agreement) of each holiday worked.