Ontario STAT Pay Rules and How You Qualify

Do you qualify for Public Holiday Pay (aka STAT Pay) ?


  • To qualify for STAT Pay in Ontario, you must work your last regular scheduled shift before the STAT holiday and your first scheduled shift after the STAT Holiday, or have reasonable cause for not working either of those days (ie, permission from your employer).
  • If working on the STAT Holiday – work the entire shift on the STAT holiday without reasonable cause if they agreed to or were required to work that day.
  • If you qualify for STAT pay, you would receive STAT pay for the day you’re off (STAT pay is calculated using ESA Rules)
Find a list here of Ontario public holidays.


What happens if you work on the STAT Holiday?

If an employee works on the actual holiday, they can agree electronically or in writing to work on the holiday and be paid:

  1. Public Holiday pay plus premium pay for all hours worked on the STAT Holiday and not receive another day off in Lieu (Substitute Holiday)
    Note: If an employee does not qualify for STAT pay, they are still entitled to premium pay for the hours worked on the holiday.

  2. Be paid regular wages for all hours worked on the public holiday and receive another substitute holiday that they would receive STAT pay for.


How to calculate STAT Holiday pay: 


Total Regular Wages (4 weeks before the work week with the STAT), divided by 20

  • Regular Wages does not include any Overtime, vacation pay, STAT pay, premium pay and others (see ESA link for more information)

Reasonable Cause for missing work:

  • An example of “reasonable cause” for missing the day before or after the holiday would be something beyond the employees’ control that would prevent them from working. Employees are responsible for showing that they have reasonable cause for staying away from work.  If they can, they would still qualify for STAT pay.


Follow the link below for more information:


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