MEMO #01202016-02

February 17, 2016
TO: ALL EMPLOYEES
SUBJECT: Absences Preceding or Following a Holiday

A full-time non-exempt employee must be on pay status the day before the holiday and the first scheduled work day after the holiday to be eligible to receive compensation for the holiday.

All covered employees are entitled to holiday pay when they are on leave of absence with pay. If you have an unscheduled absence the scheduled workday before or after a holiday, you may not be eligible for holiday pay. If your unscheduled absence was due to illness, you may be required to provide certification of illness from an appropriate health care provider. If your unscheduled absence was due to personal reasons, your supervisor will use his/her discretion in granting holiday pay. (Only leave of absence with pay is entitled for holiday pay)

Non-exempt employees who have been suspended for disciplinary reasons for a period
that includes or immediately precedes or follows a holiday is NOT eligible for holiday pay for that holiday.

Non-exempt employees who have an unauthorized absence immediately preceding or
following a holiday are also NOT eligible for holiday pay for that holiday.

Holiday pay
You are entitled to your gross rate of pay on a public holiday, if:

  • You were not absent on the working day immediately before or after a holiday without consent or a reasonable excuse.

  • You are on authorized leave (e.g. sick leave, annual leave, unpaid leave) on the day immediately before or after a holiday.

You are not entitled to holiday pay if the holiday falls when you are on approved unpaid leave.

  • If you are on approved unpaid leave on 8 August, you will still be entitled to a paid public holiday on 9 August.

  • If you are on approved unpaid leave from 8 to 10 August, you will not be eligible for a paid public holiday on 9 August. (Approve unpaid leave means that the employee is not entitled for wages for the period of his unpaid leave. In such case the company should not take any disciplinary action for absence against the employee since they are absent with an approval. An example of unpaid leave with approval is where an employee goes on emergency leave.)

Pay for holidays falling on off days
If the holiday falls on a non-working day or off day, your employer may decide to do one of the following:

  • Compensate you with an extra day’s pay in lieu of that holiday.

  • Give you another day off as a holiday.

    If you work on a public holiday

    If you work on a public holiday, by default, your employer should pay you. Alternatively, by mutual agreement, you can get a public holiday in lieu; or time off in lieu (applies only to managers and executives).

    Pay for working on a holiday

    If you are required to work on a public holiday, you should be paid an extra day’s salary at the basic rate of pay.

    • Your monthly gross salary already includes payment for the holiday, so your employer need only pay you an additional day’s pay.

    • If you are absent without reason on the working day before or after the holiday, you are not entitled to the holiday pay. Your employer can therefore deduct one day’s pay at the gross rate from your monthly gross salary.

 

If you work on a public holiday that falls on

You are entitled to the following

A working day

  • An extra day’s salary at the basic rate of pay.

  • The gross rate of pay for that holiday.

  • Overtime pay if you work beyond your normal hours of work.

A rest day

  • Payment for work done on a rest day.

  • Overtime pay if you work beyond your normal hours of work.

  • The next working day will be a paid holiday instead.

A non-working day (e.g. Saturday for employees on a 5-day work week)

  • Overtime pay for extra hours worked on a Saturday.

  • One extra day’s pay or another day off for the public holiday.

 

  • Non-exempt employees are entitled to overtime pay. Exempt employees are not.