Ontario has nine statutory holidays in 2026, officially called “public holidays” under the Employment Standards Act. Eligible employees are entitled to these holidays off with public holiday pay, following specific requirements, including Ontario’s last and first rule.
Employees who work the holiday are paid differently, with either regular wages plus a substitute day off or public holiday pay plus premium pay. A substitute day can also apply when the holiday falls on a day you don’t normally work or during vacation.
This Ontario guide is part of our Statutory Holidays in Canada series and covers employees’ public holiday rights, how to check your public holiday pay against your work schedule, pay stubs and written agreements, and what to do if the numbers don’t match.
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Which Days Are Public Holidays in Ontario?
Ontario recognizes nine public holidays under the Employment Standards Act (ESA) in 2026: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
The exact dates for 2026 and 2027 are listed below:
- New Year’s Day – Thursday, January 1, 2026 (Friday, January 1, 2027)
- Family Day – Monday, February 16, 2026 (Monday, February 15, 2027)
- Good Friday – Friday, April 3, 2026 (Friday, March 26, 2027)
- Victoria Day – Monday, May 18, 2026 (Monday, May 24, 2027)
- Canada Day – Wednesday, July 1, 2026 (Thursday, July 1, 2027)
- Labour Day – Monday, September 7, 2026 (Monday, September 6, 2027)
- Thanksgiving Day – Monday, October 12, 2026 (Monday, October 11, 2027)
- Christmas Day – Friday, December 25, 2026 (Saturday, December 25, 2027)
- Boxing Day – Saturday, December 26, 2026 (Sunday, December 26, 2027)
Important: Ontario doesn’t automatically move a public holiday to the next working day. For example, in 2026, Christmas Day falls on a Friday and Boxing Day on a Saturday, so a qualifying Monday-to-Friday employee may get Christmas Day off with public holiday pay and a separate substitute day for Boxing Day.
Source: Ontario.ca – Your guide to the Employment Standards Act: Public holidays
What Rights Do Employees Have on an Ontario Public Holiday?
Most employees covered by the Employment Standards Act get the public holiday off with public holiday pay, no matter how long they’ve worked there. Whether they keep that entitlement depends on the last-and-first rule.
The Basic Public Holiday Right
Covered employees get paid for each of the nine holidays, whether they take the day off or work it. This also applies to:
- Full-time, part-time, permanent and temporary employees
- Newly hired employees (no minimum length of employment required)
Federally regulated employees, such as those in banking, telecommunications and interprovincial transportation, follow the Canada Labour Code instead. Some occupations are also exempt from Ontario’s public holiday rules or have special rules.
How the entitlement works depends on whether you work the holiday:
- If you don’t work the holiday: You get the day off with public holiday pay when it falls on a normal workday. If it falls on a day you don’t normally work or during vacation, you get a substitute holiday, a paid working day off scheduled later. If you leave the job before taking it, your employer must pay it out with your final wages, whether you quit or were let go.
- If you work the holiday: You receive either regular wages plus a substitute day, or public holiday pay plus premium pay of at least 1.5 times your regular rate.
How Does the Last and First Rule Affect Employee Rights?
Employees generally must work their last regularly scheduled shift before the holiday and their first regularly scheduled shift after it to keep their public holiday entitlement.
“Last” and “first” mean the nearest scheduled shifts, not necessarily the calendar days immediately before and after the holiday. The same rule applies if either shift is missed:
- If an employee misses one of those shifts for reasonable cause (something beyond their control), the entitlement can still apply.
- If the absence is without reasonable cause, the entitlement is usually lost.
Who May Have to Work on the Holiday?
An employee may work a public holiday by choice, or because their employer schedules it without needing their agreement. Employers can only require holiday work this way in certain workplaces.
When the Employee Works the Holiday Voluntarily
Your employer can ask you to work a public holiday, but you can refuse. The employee and employer must agree electronically or in writing that the employee will work the public holiday.
By default, the employee receives regular wages for the hours worked plus a substitute holiday, unless the agreement also provides for public holiday pay plus premium pay instead.
When the Employee Is Required to Work the Holiday
An employer can require an employee to work without their agreement only if the holiday would ordinarily be a working day for that employee, the employee isn’t on vacation, and the employee works in one of these workplaces:
- Hospitals and nursing homes
- Hotels, motels and tourist resorts
- Restaurants and taverns
- Continuous operations: businesses or parts of businesses that don’t stop or close more than once a week, such as an oil refinery, an alarm-monitoring company, or the games floor of a casino that runs around the clock
In this case, your employer chooses which pay option applies.
What Does an Employee Receive for Working the Holiday?
When an employee works on a public holiday in Ontario, they are compensated in one of two options. What they receive can change if they don’t complete the agreed hours.
Option 1: Regular wages plus a substitute holiday
- The employee is paid their normal wages for hours worked.
- They later receive a substitute day off, paid at public holiday pay.
- No premium pay is added.
Option 2: Public holiday pay plus premium pay
- The employee receives public holiday pay for the day itself.
- Plus premium pay (at least 1.5× their regular rate) for each hour worked.
- No substitute day off is given.
For example, an employee whose regular rate is $28 an hour earns at least $42 an hour (1.5 x $28) for hours worked on the holiday, in addition to their public holiday pay for that day.
Source: Ontario.ca – Employment Standards Act Policy and Interpretation Manual: Part X – Public Holidays
If The Employee Does Not Complete The Agreed Hours
What the employee receives depends on whether they had reasonable cause for missing the work.
Misses the entire shift without reasonable cause: no public holiday pay and no substitute holiday.
Misses the entire shift with reasonable cause: the original compensation arrangement still matters.
- Under the substitute-day option, the employee keeps the substitute holiday.
- Under the premium-pay option, they keep public holiday pay but receive no premium pay because no hours were worked.
Works only part of the agreed hours without reasonable cause: only premium pay for the hours actually worked, with no public holiday pay or substitute holiday.
How To Check Your Public Holiday Pay in Ontario?
Ontario uses a statutory formula, based on the regular wages the employee earned and any vacation pay payable in the four work weeks before the holiday week:
Public holiday pay = (Regular wages earned + Vacation pay payable) / 20
Regular wages excludes overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay, and termination-of-assignment pay.
Vacation pay depends on how the employer pays it:
- If it’s paid before a vacation or on a regular payday, it only counts if the employee actually took vacation during the four-week window;
- If it’s paid as a percentage on every cheque, that percentage, at least 4% (or 6% after five years of employment), is added on top of the wages earned in the window;
- If it’s paid as a lump sum, it only counts if the payment date falls within the window.
Example: Payslip Check for Thanksgiving Day 2026
For Thanksgiving Day, Monday, October 12, 2026, assume you earn $25 an hour, work eight hours each weekday, receive 4% vacation pay on every cheque, and your employer’s work week runs Monday to Sunday.
Step 1: Find your holiday week. Thanksgiving falls in the work week of October 12 to 18.
Step 2: Count back four full work weeks. That’s September 14 to October 11.
Step 3: Confirm you qualify. You worked your last shift before the holiday (Friday, October 9) and your first shift after it (Tuesday, October 13).
Step 4: Add up wages and vacation pay. The table below shows the two lines to find on each pay statement, regular wages and vacation pay, along with their totals for the four-week window:
| Pay statement | Work dates | Regular wages | Vacation pay |
|---|---|---|---|
| 1 | Sep 14-27 | $2,000 | $80 |
| 2 | Sep 28-Oct 11 | $2,000 | $80 |
| Total | Four work weeks | $4,000 | $160 |
Each statement shows 80 hours × $25 = $2,000 in regular wages, plus 4% vacation pay ($80).
Step 5: Use the public holiday pay formula. Holiday pay = ($4,000 + $160) / 20 = $208.
Step 6: Compare with your pay stub. Find the gross public holiday pay line for October 12 and check the amount before tax and other deductions. If it differs, ask payroll which work weeks and vacation-pay method they used.
Tip: Keeping copies of your work schedules, pay statements, holiday-work agreements and substitute-holiday notices can make it easier to verify your entitlement if a question or dispute arises. If your records include time away from work, first identify whether it was vacation or another type of leave. Our guide to leave and time off in Canada explains the main types of time off and how they differ.
What Should Employees Do If a Check Shows a Problem?
If a check does not match, you may ask your employer to review it. You can also contact the Employment Standards Information Centre or file an eligible claim with the Ministry. If you are represented by a union and covered by a collective agreement, ask your union about the grievance process.
You generally have two years from the violation to file. The steps below show the order to follow and where to get free help.
Step 1: Recheck your numbers. Confirm which four work weeks your employer used and whether vacation pay should be included before you raise the issue.
Step 2: Ask your employer in writing. A short, polite email that names the holiday, the amount you expected and how you calculated it is often enough to fix a payroll error. Keep a copy of the email and any reply.
Step 3: Get free advice if you’re unsure. The Employment Standards Information Centre can explain the rules and how to file a claim. Call 416-326-7160 (Toronto area) or 1-800-531-5551.
Step 4: File a claim online. If the problem isn’t fixed, file a free claim through Ontario’s employment standards claim portal. Attach your schedules, pay stubs, any holiday-work agreement and any messages explaining a missed shift.
Do Retail Employees Have Different Holiday Rights?
Retail employees have the same ESA public holiday entitlements, last and first rule, and pay formula as other covered Ontario employees, plus two extra layers that don’t apply to most other workplaces: a separate law about when stores can open, and an extra right to refuse holiday work.
Retail Business Closure Requirements
The Retail Business Holidays Act (RBHA) is separate from the ESA. It governs when certain retail businesses must close, not whether employees receive public holiday pay or other ESA entitlements.
As of 2026, the provincial RBHA requires most retail businesses to close on:
- New Year’s Day
- Good Friday
- Easter Sunday
- Canada Day
- Labour Day
- Thanksgiving Day
- Christmas Day
Easter Sunday is an RBHA closure holiday but not an ESA public holiday, so the store may have to close even though employees do not receive ESA public holiday pay. Family Day and Victoria Day were removed from the RBHA’s list of retail closing holidays in spring 2026, in time for Victoria Day on May 18, 2026. Boxing Day is not on the list either.
Stores may open on these three days, but all three remain ESA public holidays. Qualifying employees keep their public holiday pay. Permission to open a store does not cancel employee public holiday rights.
Source: Ontario.ca – Retail Business Holidays
When Can Retail Employees Refuse Holiday Work?
Most retail employees have the right to refuse to work on a public holiday, even if they do not otherwise qualify for the public holiday entitlement.
If an employee has already agreed electronically or in writing to work the holiday, they can generally withdraw that agreement by giving at least 48 hours’ notice before the shift begins. Employers cannot dismiss, intimidate or otherwise penalize an employee for exercising this right.
This refusal right excludes businesses primarily providing prepared meals, accommodation, educational, recreational or amusement services, including restaurants, hotels, museums and theatres, as well as certain associated retail outlets.
Source: Ontario.ca – Your guide to the Employment Standards Act: Retail workers
Which Public Holiday Rights Apply to Your Situation?
In conclusion, your rights and entitlements depend on what happens on the holiday itself: whether you work, whether it falls on a normal workday, and what kind of job you have. The table below matches each situation with your right and what to check:
| Situation | Your right | What to check |
|---|---|---|
| The holiday falls on your normal workday, and you take it off | A day off with public holiday pay | You worked your last and first scheduled shifts, or had reasonable cause |
| The holiday falls on a day you don’t normally work, or during your vacation | A substitute day off with public holiday pay, or holiday pay only if you agree in writing | You received a written notice with the substitute date |
| You work the holiday | Regular wages plus a substitute holiday, or public holiday pay plus premium pay | How the work was arranged and which option applies |
| Any paid holiday or substitute day | Public holiday pay calculated with Ontario’s formula | The amount on your pay stub matches the formula |
| You work in retail | The right to refuse holiday work, even after agreeing, with 48 hours’ notice | Whether your workplace is covered by the refusal right |
| Your job ends before you take a substitute day | Public holiday pay with your final wages | Your final pay statement |
Each right depends on details your employer records: your schedule, any agreement to work the holiday, and the wages used to calculate your pay. An error in any of them can change what you receive, so knowing what to check helps you confirm you got what you’re owed.
FAQs about Statutory Holidays in Ontario
Does working a public holiday count toward weekly overtime in Ontario?
Hours worked on a public holiday that are paid at the public-holiday premium rate are excluded when calculating weekly overtime. If the employee instead receives regular wages for working the holiday plus a substitute holiday, those hours remain part of the hours worked for overtime purposes.
Do salaried employees get public holiday pay calculated differently than hourly employees?
No separate public holiday pay formula applies just because an employee is salaried. Ontario uses the same statutory calculation based on regular wages earned and applicable vacation pay in the four work weeks before the work week containing the holiday.
Which province’s holiday rules apply if you work remotely for an Ontario employer?
Ontario’s ESA generally applies when your work is to be performed in Ontario, or when work outside Ontario is a continuation of work performed in Ontario. If you work entirely from another province, do not assume Ontario’s public holiday rules apply because your employer is based in Ontario; check which province’s employment standards law covers your work.
How long does an employer have to schedule a substitute holiday?
A substitute holiday must be scheduled no later than three months after the public holiday it replaces. If the employee agrees electronically or in writing, it can be scheduled up to 12 months later. Before the public holiday, the employer must give the employee a written statement showing the holiday being substituted, the substitute date and the date the statement was given.
What happens if a public holiday falls while an employee is on pregnancy or parental leave?
An employee on pregnancy or parental leave may still be entitled to public holiday pay. The last and first rule looks at the last regularly scheduled shift before the leave and the first one after it, unless there is reasonable cause for missing either.
The amount uses the standard formula. Employment Insurance benefits aren’t wages from the employer, so the result shrinks as fewer working days fall in the four-week reference period and can drop to $0. For example, Ontario’s guide shows an employee who worked 7 days at $120 a day before her leave receiving ($840 + $0) / 20 = $42 for Canada Day.
Understanding Ontario’s public holiday rules can help employees know when they qualify for a paid day off, what they should receive if they work the holiday, and when a substitute holiday applies. Compare your schedule, pay stubs and any holiday-work agreement against these rules to confirm your employer got it right.
For details on statutory holidays in other parts of Canada, see our province-specific guides:
