First Louis Riel Day May Cause Holiday Rights Confusion

Monday, February 18 was the first Louis Riel Day holiday in Manitoba. All workplaces that operate under provincial regulations were to treat the day as they would any other general holiday. Concern were expressed, however, that some employers would try to deny workers this extra paid holiday.

The recent amendments to The Employment Standards Code added Louis Riel Day as a new general holiday increasing the number of general holidays in Manitoba from seven to eight. Remembrance Day is not considered a general holiday. Many union contracts include provision for more paid holidays than received by non-unionized employees through the Code - often including Remembrance Day plus additional 'floaters' to be used by employees throughout the year.

With the addition of a new holiday, one would expect the number of general holidays in a collective agreement to increase from their current level. The concern was that some employers might feel that because they already provide their workers with more paid holidays per year than is mandated by the revised provincial legislation, they can ignore the requirement for the extra paid holiday. Not so according to legal opinions received by the Manitoba Federation of Labour.

Recent revisions to Section 4 of the Employment Standards Code clarified the intent of the legislation dealing with general holidays. Section 4 of the amended Code states:

4(1) An agreement to work for less than the applicable minimum wage, or under any term or condition that is contrary to this Code or less beneficial to the employee than what is required by this Code, is not a defence in a proceeding or prosecution under this Code, even if the terms and conditions of the agreement, as a whole, are better for the employee than what is required by this Code.

The advice received by the MFL states that even though a collective agreement may currently provide benefits (including general holidays) which exceed the minimum benefits required by the Code, employers are still required to recognize any new benefits which may be added to the Code, including the addition of Louis Riel Day as a general holiday.

If any worker finds that their employer did not treat the new Louis Riel Day holiday in the same manner as any other general holiday, they should immediately contact their union. Because it's a provincial mandated holiday, the above information does not apply to people in Manitoba who work in industries that operate under federal labour legislation.