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My Ontario employer is refusing to pay me for a civic holiday that is part of the company holiday schedule because I was on an approved five-day vacation following this holiday. My employer has said that "By Law you have to work the day after the holiday in order to Qualify." Yet, I was fully paid when I took approved personal and vacation days immediately following the New Year’s, Victoria and Canada Day holidays earlier this year. I have documentation of everything. I feel that it is an established company policy to pay for the day that is part of my implied employer contract. It is my understanding that other employees were paid for this holiday even though they were also off the day after. Am I correct that the money is owed to me? Would the Ontario Ministry of Labour force my employer to pay this or do I have a legal basis to be expecting payment?

Not all civic holidays are statutory holidays that attract protection under the employment standards act. If the employment standards act does not cover the civic holiday in question, your entitlement to pay would depend on your employment contract. We recommend you contact us at +1-855-821-5900 to speak with one of our legal representatives about your issue.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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