Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division III - Statutory general holidays and non-working days with pay (Section 59.1 to 65)
If an employee is on annual leave on one of the holidays contemplated in section 60 or if such a holiday does not coincide with the employee’s regular work schedule, the employer shall pay him the indemnity provided for in section 62 or grant him a compensatory holiday of one day on a date agreed upon between the employer and the employee or fixed by a collective agreement or a decree.
1979, c. 45, s. 64.
In the case of an employee on annual leave (vacation), or if the holiday does not coincide with the employee’s regular work schedule, no time-frame is set by the Act for taking the compensatory holiday.
It is up to the employer to decide whether to pay the indemnity or grant the compensatory holiday. The employee cannot contest this decision.
The compensatory leave is not a leave without pay and the employer must pay the indemnity stipulated in section 62 ALS for this day.