Entitlement

An employee can get paid for a general holiday if they have:

• received pay for at least 15 days in the 30 days before the holiday and

• they have worked on the scheduled working day before and after the holiday.

If the employer tells the employee not to work on those days, this rule does not apply.

If the employee is in continuous operation and does not work on the holiday, they are not entitled to pay for that day.

If the employee stops working before the agreed holiday, the employer must pay them the equivalent of the wages they would have received for that day at their regular rate of pay.

Holiday Pay

Employers must provide each of their employees with a paid holiday on each general holiday during their employment,

If a general holiday falls on a non-working day for an employee, the employer must grant a holiday with pay either on the working day immediately following the general holiday or the day following the vacation of the employee

an employer cannot reduce an employee's wages for a week or month in which a general holiday occurs, and the employee must be paid for the holiday based on their regular rate of wages for their normal working day or hours.

Holiday Rate

if an employee is required to work on a day that they are supposed to have a holiday with pay, their employer must pay them the same amount they would have received for the holiday, plus an additional 1.5 times their regular wage for the time worked.

If the employee works in a continuous operation, their employer has two options: either:

• pay the employee the same as above, or

• grant the employee a holiday and pay them on a later agreed-upon day.

NS LSC s.37, 42