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7.00 Paid general holidays

7.01. The following shall be paid holidays for regular employees:

  • 1) a) 31 December or 2 January, at the option of the employer, for the employee who has less than one year of uninterrupted service;
  • 1) b) 31 December and 2 January for the employee who has one year of uninterrupted service;
  • 2) 1 January;
  • 3) Good Friday or Easter Monday, at the option of the employer;
  • 4) the Monday preceding 25 May;
  • 5) 24 June;
  • 6) 1 July;
  • 7) Labour Day;
  • 8) Thanksgiving;
  • 9) 25 December;
  • 10-a) 24 or 26 December, at the option of the employer, for the employee who has less than one year of uninterrupted service;
  • 10-b) 24 and 26 December for the employee who has one year of uninterrupted service.

The compensatory holiday for the fixed June 24 holiday is governed by the provisions of the National Holiday Act (R.S.Q., c. F-1.1).

R.R.Q., 1981, c. D-2, r. 39, s. 7.01; O.C. 275-82, s. 4; O.C. 262-94, s. 10; O.C. 1382-99, s. 12; O.C. 736-2005, s. 4.

7.02. Where a holiday coincides with a working day for a regular employee, the employer shall pay him an indemnity equal to the wage that the regular employee would receive if the day had not been a holiday.

However, after a written agreement between the employer and the regular employee, that indemnity may be replaced by a compensatory holiday equal to the duration of the holiday. In that case, the holiday shall be taken within the three weeks preceding or following the holiday.

Despite the first paragraph, where a regular employee works less than 5 days a week under the employee's regular schedule, the indemnity is equal to 20% of the wages earned during the pay period preceding the holiday. The percentage is 10% if the pay period is 2 weeks.

R.R.Q., 1981, c. D-2, r. 39, s. 7.02; O.C. 275-82, s. 4; O.C. 262-94, s. 10; O.C. 1382-99, s. 13; O.C. 736-2005, s. 5.

7.03 Holiday pay: Deleted

R.R.Q., 1981, c. D-2, r. 39, s. 7.03; O.C. 262-94, s. 10; O.C. 1382-99, s. 14.

7.04. Whenever a holiday does not coincide with a working day for a regular employee, it may be taken, at the employer's discretion on the day preceding or following the holiday.

However, after a written agreement between the employer and the regular employee, such holiday may be taken within the three weeks preceding or following the holiday.

R.R.Q., 1981, c. D-2, r. 39, s. 7.04; O.C. 1810-89, s. 5; O.C. 262-94, s. 10; O.C. 1382-99, s. 15; O.C. 736-2005, s. 6.

7.05. When a holiday for the regular employee does not coincide with a working day and it is not carried over, the pay shall be equal to 20% of the employee's wages earned during the pay period preceding the holiday. The percentage shall be 10% if the pay period is 2 weeks.

R.R.Q., 1981, c. D-2, r. 39, s. 7.05; O.C. 262-94, s. 10; O.C. 736-2005, s. 7.

7.06. To be entitled to the holiday pay, a regular employee or the employee who is not a regular employee must work on the last working day preceding the holiday and also on the first working day following the holiday, except:

  • 1) if he has his employer's prior consent to be absent for a period of less than 15 days;
  • 2) if he is absent less than 14 days due to illness;
  • 3) if he is laid off because of lack of work on the last working day prior to the holiday or on the first working day following the holiday;
  • 4) if he is laid off for a period not exceeding 21 days during which the holiday occurred.

R.R.Q., 1981, c. D-2, r. 39, s. 7.06; O.C. 262-94, s. 10; O.C. 736-2005, s. 8.

7.07. The regular employee who works on a paid holiday or the day on which the holiday is carried over, where sections 7.02 and 7.04 apply, shall be paid time and a half his hourly wage currently paid in addition to the holiday pay.

O.C. 262-94, s. 10; O.C. 1382-99, s. 17.

7.07.1 The following are general holidays for employees who are not regular employees:

  1. 1 January;
  2. Good Friday or Easter Monday, at the option of the employer;
  3. the Monday preceding 25 May;
  4. 24 June;
  5. 1 July;
  6. Labour Day;
  7. Thanksgiving;
  8. 25 December.

The compensatory holiday for the fixed 24 June holiday is governed by the provisions of the National Holiday Act (R.S.Q., c. F-1.1).

O.C. 736-2005, s. 9.

7.07.2. For each general holiday, the employer must pay the employee who is not a regular employee an indemnity equal to 1/20 of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime hours.

O.C. 736-2005, s. 9.

7.07.3. Where the employee, who is not a regular employee, is obliged to work on one of the days mentioned in section 7.07.1, the employer, in addition to paying the employee the wage corresponding to the work performed on the holiday, is obliged to pay him the indemnity provided in section 7.07.2 or grant him a compensatory holiday of one day. In this case, the holiday must be taken within three weeks before or after that day, unless a collective agreement provides for a longer period.

O.C. 736-2005, s. 9.

7.08. Sections 7.01 and 7.07.1 do not apply to the employer, bound by a collective agreement within the meaning of the Labour Code (R.S.Q., c. C-27), who grants his employee at least the same number of paid holidays as those prescribed in those sections, provided he sends a list of the paid holidays he intends to grant, along with a copy of his collective agreement, to the Parity Committee before 1 May of each year.

O.C. 262-94, s. 10; O.C. 736-2005, s. 10.