Alberta Stat Holidays You Need To Know

Alberta observes several statutory holidays each year to honour cultural and national events. Knowing the dates of these holidays is vital for both employees and employers to ensure fair treatment and compliance with laws.

• New Year’s Day: January 1
• Family Day: The third Monday in February
• Good Friday: The Friday before Easter Sunday. (The date changes yearly because Easter Sunday is the first Sunday after the full moon following the first day of spring, usually in March or April.)
• Victoria Day: The Monday before May 25
• Canada Day: July 1
• Labour Day: The first Monday in September
• Thanksgiving Day: The second Monday in October
• Remembrance Day: November 11
• Christmas Day: December 25

Optional Statutory Holidays in Alberta

In addition to statutory holidays, some holidays are classified as optional, meaning employers are not legally required to observe them. Employers can choose whether to provide time off or holiday pay for these days based on their business needs and employee preferences. Recognizing these optional holidays can be a gesture of goodwill or respect for cultural and regional practices. Examples of optional holidays include:

• Heritage Day: First Monday in August
• Easter Monday: The First Monday following Easter
• Boxing Day: 26 December
• National Day for Truth and Reconciliation: 30 September

It’s important to note that the National Day for Truth and Reconciliation is a statutory holiday for federal employees but not for those in provincially regulated industries in Alberta. As a result, employees in Alberta may not receive the day off or stat holiday pay for this day unless their employer decides to recognize it voluntarily.

Substitute Holidays in Alberta

If a statutory holiday doesn’t fall on a regular workday, Alberta employers are not required to offer a substitute holiday. However, they may choose to provide an additional day off as a substitute holiday. If a substitute holiday is provided, all the rules for general holiday pay apply, ensuring fair compensation whether you work or take the day off. This approach helps maintain fair compensation and ensures employees enjoy the benefits of statutory holidays, even when the original holiday date doesn’t align with their work schedule.

General Holiday vs Stat Holiday

In Alberta, the terms “general holiday” and “statutory holiday” (often called “stat holiday”) are often used interchangeably, but they essentially refer to the same thing.

The term “general holiday” is the official term used in Alberta’s Employment Standards Code. A general holiday is a designated day off with pay for employees, typically recognized across the province. Employers are required to give employees time off on these days or compensate them according to specific rules.

The difference between a “general holiday” and a “statutory holiday” is purely semantic. “Statutory holiday” is a term used by the public and in everyday language, referring to the same concept as a general holiday. It’s a day recognized by the government where employees are entitled to a day off with pay or additional pay if they work.

Calculating Statutory Holiday Pay in Alberta

In Alberta, most employees are entitled to stat holiday pay if they have worked for an employer for at least 30 days in the 12 months before the holiday. The calculation of holiday pay is designed to be fair and transparent, providing reassurance to employees. It depends on whether the holiday falls on a regular workday:

• To get stat holiday pay, you must have worked for your employer for at least 30 days in the past year and worked your last scheduled day before the holiday.
• Stat holiday pay is based on your total wages earned in the four weeks before the holiday, divided by the number of days you worked in that period.
• If you don’t work on the holiday, you get paid your average daily wage based on what you earned in the last four weeks.
• If you work on a holiday, you get 1.5 times your regular pay for the hours you work, plus your average daily wage.

Employers must adhere to these standards, as non-compliance can lead to legal consequences. Both employees and employers should be well-versed in their rights and obligations regarding holiday pay. These rules, outlined in the Alberta Employment Standards Code, are not just guidelines, they are legal standards that ensure fair compensation for all employees.

Stat Holiday Pay for Salaried Employees

Stat holiday pay for salaried employees is typically calculated based on their regular salary, ensuring they are compensated fairly during Alberta stat holidays. If a salaried employee does not work on the stat holiday, they are still entitled to receive their regular pay for that day, as though they had worked. This ensures that employees are not financially disadvantaged by taking the holiday off, maintaining the continuity of their income.

However, if a salaried employee is required to work on an Alberta stat holiday, they may be entitled to additional compensation. In such cases, the employee may receive their regular salary plus either an additional day off with pay or premium pay, which is usually calculated at 1.5 times their regular hourly wage. This premium pay compensates for the extra time worked on a day that would otherwise be a paid day off, recognizing the inconvenience of working during a stat holiday.

Stat Holiday Pay for Employees with Commission or Incentive Pay

For employees who earn commission or incentive pay, stat holiday pay is calculated differently. The holiday pay is based on their total earnings, including commissions or incentives, over the previous four weeks before the holiday. This total is divided by 20 to determine the average daily wage. If they work on the holiday, they may receive either their average daily wage plus an additional day off or premium pay at 1.5 times their regular rate.

What is the 5 of 9 rule in Alberta?

The “5 of 9” rule in Alberta is a guideline to determine if an employee should receive holiday pay for Alberta stat holidays. Under this rule, an employee must have worked at least five out of the nine days before a stat holiday to be eligible for holiday pay. This applies to all employees, whether full-time, part-time, or casual.

If an employee qualifies, their holiday pay is calculated based on their average daily earnings, usually by adding up their earnings from the four weeks before the holiday and dividing by the number of days worked. This ensures the holiday pay reflects what the employee typically earns.

There may be exceptions depending on the type of job or specific agreements. For example, in industries like oil and gas or construction, there might be different rules set by contracts or agreements that change how holiday pay is calculated or when an employee qualifies. In these cases, the usual “5 of 9” rule might not apply, and different criteria could be used.

However, for most jobs, the “5 of 9” rule is the standard way to ensure regular workers get fair pay on Alberta stat holidays. It provides a simple and consistent method to determine who is eligible and how much they should be paid.

Employer Obligations

Employers must follow specific employment standards to ensure employees receive the correct stat holiday pay and time off. It’s essential to include a clear policy on statutory holiday pay in the employee handbook, providing staff with a clear understanding of their entitlements. Properly managing Alberta stat holidays and their related entitlements is essential to avoid legal issues and ensure employees are treated fairly.

Work Performed in Alberta

The obligations related to Alberta stat holidays apply specifically to employees working within Alberta’s provincially regulated industries. For these rules to be enforced, the work must be performed within the province, meaning that employers operating in Alberta must comply with these standards. This includes a wide range of industries, such as retail, hospitality, construction, and others that fall under provincial

Employee Classification

To be eligible for statutory holiday entitlements, an individual must be classified as an employee rather than an independent contractor. This distinction is vital because employees are entitled to benefits such as statutory holiday pay, while independent contractors are not. Properly classifying workers is a crucial responsibility for employers, ensuring that employees receive all the rights and benefits they are entitled to under Alberta’s employment standards. Misclassification can lead to legal issues and penalties, so employers must carefully review and determine the status of their workers.

Understanding Alberta stat holidays is crucial for both employers and employees. Employers must comply with employment standards to ensure proper holiday pay and time off, while employees should be aware of their rights and entitlements to avoid disputes. Our team at DLegal provides guidance to help you navigate these regulations effectively, whether you’re an employer seeking clarity on holiday pay rules or an employee looking to understand your rights. Contact us today for advice to ensure you stay informed and comply with Alberta’s employment standards.