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National Holiday Act Chapter F-1.1

Chapter F-1.1

Section 6

Compensatory holiday

Every employer must grant a compensatory holiday of a duration equivalent to a holiday regular day of work where the 24th of June falls on a day that is not a regular working day for the employee.

Where the employee is remunerated on a time basis or on the basis of production or on any other basis, the employer must grant him a compensatory holiday or pay him the indemnity provided for in section 4.

The compensatory holiday must, in all cases, be taken the working day preceding or following the 24th of June. However, if, at that time, the employee is on annual leave, the holiday is taken at a date agreed upon by the employer and the employee.

1978, c. 5, s. 6; 1979, c. 45, s. 166; 1984, c. 27, s. 65.

Interpretation

The employee will benefit from the following conditions of employment, depending on whether or not he works on the public holiday:

  1. The employee does not work on the public holiday.
    1. If it is a day that is not normally a working day for the employee, the employer has the choice of granting the employee a compensatory leave of a duration equal to a normal day of work or of paying him the indemnity provided for in section 4 of the NHA. The compensatory leave must be granted on the working day preceding or following the 24th of June.
    2. If the employee is on annual leave, the compensatory leave is taken on a date agreed upon between the employer and the employee.
    3. If it is a day that is normally a working day for the employee, this day will be a non-working day and the employer will have to pay the employee an indemnity calculated in accordance with section 4 NHA.
      A working day is a day on which an employee is actually called upon to work or a day on which the employee ordinarily works.
  2. The employee must work on the day that is a holiday.

See the interpretation in section 5 NHA concerning the employee who must work on the day that is a holiday by reason of the nature of the activities of the establishment or the entity for which he works.