This Monday marks the second annual Family Day in Ontario. Last year Premier McGuinty amended the regulation under the Employment Standard Act (ESA) and made the third Monday in February a new statutory holiday.
While many will be enjoying this new holiday on Monday, not everyone in Ontario is entitled to have the day off. If you work in a federally regulated industry, or are a federal civil servant, you will not have the day off.
In addition to the federally-regulated industries, you may not be able to take the day off if:
- you are employed in a hospital, hotel, motel, tourist resort, restaurant, tavern or “continuous operation”
- you are exempted from the public holiday provisions under the ESA, (for example, lawyers, doctors, veterinarians, etc.)
- your collective agreement or employment contract is more generous to public holidays than the public holiday provisions in the ESA.
My very good friend Paul is a lawyer who works for the federal government. It looks like he’s not getting any time off until Easter.
As for PSWLaw, the office will be closed on Monday because members of the support staff are off. I’ll be spending time with my family.

