Wednesday, December 23, 2009

Holiday pay

I am an employer, so statutory holidays cost me a bundle and I don’t even get paid unless there is money in the company to pay me! But, rest assured, the employees will get paid as long as they qualify.

Sure, after the year we have had, we all deserve a couple of days off with pay. For the employees who qualify, Christmas Day is a stat, as is New Year’s Day. Christmas Eve and New Year’s Eve are not statutory holidays, nor is Boxing Day!

Under the Alberta Labour Act, employees must not be paid for these days off, or paid time and a half for working them, unless previously negotiated with their employer.

Sometimes, when a company closes for the holidays, or vacation days are negotiated, these extra days are written into a policy or agreement. But under our laws, the employer is not obligated to pay for anything other than Christmas Day and New Year’s Day.

Next year, Christmas Day and New Year’s Day fall on Saturdays, so nothing will be paid, unless those Saturdays are regular work days for the employee!

It is important to note that no holiday pay is owed when an employee does not work on the holiday when required to do so. There is also no holiday pay owed when an employee is absent from work without the employer's consent on the regular working day just before or after the holiday. So, don’t call in “sick” the day before or the day after a statutory holiday! Otherwise, employees who have worked for more than 30 days for their current employer in the 12 months before the holiday are entitled to holiday pay.

Of course, there are some job positions and industries that are exempt from statutory pay, such as members of municipal police services, and various categories of salespersons and brokers.

Ok, so enjoy the holidays and your paid time off, and next week I will write something more interesting, like thank goodness we are starting 2010!