by Brian Smeenk, formerly with McCarthy Tetrault
A new statutory holiday, Family Day, has been declared in the province of Ontario. It will be celebrated on February 18. In subsequent years, it will fall on the third Monday of each February.
Employers should begin considering how their organization will respond. In particular, employers should begin reviewing existing employment contracts and collective agreements to determine whether they will treat Family Day as an additional holiday for employees.
Many employers already provide employees with more contractual public holiday rights and benefits than required by the minimum employment standards laws of Ontario â€“ the Employment Standards Act (ESA). For example, a number of employment contracts and collective agreements provide “floater days” in addition to the original eight statutory holidays.
Employers should be aware that under the ESA, if the provisions of an employment contract or collective agreement provide a “greater right or benefit” than those provided by the ESA for the same subject matter, the contractual provisions apply and the ESA doesn’t apply. read more…