In Canadian employment law, the “last and first rule” helps determine whether an employee is eligible for public holiday pay. This rule considers whether the employee worked their last regularly scheduled shift before the holiday and their first regularly scheduled shift after the holiday—or had reasonable cause for missing either.
Key Concepts
1. “Regularly Scheduled Day”
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This refers to the employee’s usual work schedule—not necessarily the day immediately before or after the holiday.
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Even if the employee isn’t scheduled the day right before or after the holiday, what matters is their last and first scheduled workdays.
2. Reasonable Cause
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Reasonable cause means something beyond the employee’s control prevented them from working.
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It does not include voluntary absences like taking a day off without a valid reason.
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The employee is responsible for proving they had reasonable cause.
How the Rule Works: Examples
Example: Typical Case
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Rosie works Monday to Thursday.
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A public holiday falls on Monday.
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Rosie works Thursday before and Tuesday after the holiday.
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Rosie qualifies for public holiday pay.
Example: Taking a Day Off
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Lev usually works Monday to Thursday.
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He takes Thursday off before a Monday holiday (approved by employer).
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His last scheduled day becomes Wednesday.
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If he works Wednesday before and Tuesday after, he qualifies.
Example: Leaving Early
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Doris works Monday to Friday, 9 a.m. to 5 p.m.
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On Thursday before a Friday holiday, she leaves early at 3 p.m. with employer approval.
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Her scheduled hours are adjusted to 9 a.m. – 3 p.m. that day.
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If she works that full adjusted shift, she qualifies.
Example: On Vacation
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George is on vacation June 25–July 9.
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Canada Day is July 1.
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He works his last scheduled shift before vacation (June 24) and first after (July 10).
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He qualifies.
Example: On Leave
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Lydia is on pregnancy leave during Canada Day.
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If she worked her last scheduled shift before and first after her leave (or had reasonable cause), she qualifies.
Example: No Reasonable Cause
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Ellen skips her last scheduled shift before a Monday holiday.
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She does not have reasonable cause.
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Ellen is not eligible for public holiday pay.
Summary
To qualify for public holiday pay, an employee must:
Work their last regularly scheduled day before the holiday
Work their first regularly scheduled day after the holiday
OR
Have reasonable cause for missing either day
This rule ensures fairness while allowing flexibility for different work schedules.
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