Some Ontario workers will miss out on Family Day holiday

New provincial statute does not cover federal workers or some unionized employees

Toronto (4 Jan. 2008) - Not all Ontario employers are yielding gracefully to the requirement to give workers a new paid Family Day holiday, starting on Feb. 18.

The holiday was promised by the province's Liberal government during the Ontario election campaign last fall and it was the first major promise Premier Dalton McGuinty fulfilled after the votes were counted in October. However, a number of employers have found a loophole around the legislation and it's occurring, somewhat surprisingly, among workers who enjoy the best workplace protection already – those with good union contracts.

In most collective agreements, issues like vacation and statutory holidays are spelled out in detail, and in cases where negotiated time off exceeds the minimum required now by the province's Employment Standards Act (ESA), employers are not obligated to honour the additional holiday.

"If you are working in a unionized environment and you're being given 13 days off during the year, then you are getting greater benefit," said Skeaff. "You don't have to, by law, add on Family Day," Bruce Skeaff, an Ontario ministry of labour spokesman, told the Toronto Star.

One employer taking advantage of the loophole is the Toronto Police Service, which recently advised members they would not be getting the new holiday and should treat Feb. 18 as a regular work day.

Another loophole is available to employers whose workers are not covered by the ESA. Among the largest of these groups are employees working in federally-regulated industries such as banks, shipping companies, radio and television stations and airlines.

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring that our common wealth is used for the common good. NUPGE

(Published as n04ja08b.htm)