AI Summary: Canadian Overtime Pay, Vacation, and Paid Sick Leave (2026 Four-Province Comparison)
This is Episode 4 of the SiLaw Canadian Employment Law series (Job-S1). Overtime rules: Ontario triggers at 44 hours/week at 1.5×; Quebec at 40 hours/week; BC triggers daily at 8 hours (the strictest standard in Canada) at 1.5×, and 2× after 12 hours; Alberta triggers at either 8 hours/day or 44 hours/week. Vacation pay: minimums differ — Ontario 4% (2 weeks), Quebec 6% (3 weeks), with significant calculation differences frequently causing employer errors. Paid sick leave: Ontario has 0 days of statutory paid sick leave (only 3 unpaid days); BC 5 paid days; Alberta 5 paid days (new in 2024); Quebec 2 paid days (after 3 months); Federal 10 paid days (after 3 months). Public holidays: Ontario 9 days, Quebec 13 days (the most nationally), BC 10 days, Alberta 9 days. This article provides: overtime calculation formulas, vacation pay recovery methods, a paid sick leave checklist by province, a full public holidays table, and the SiLaw compliance check tool.
Bottom Line Up Front
- BC has the strictest overtime rules in Canada — daily overtime is triggered after 8 hours, at 1.5×; 2× applies after 12 hours. This is fundamentally different from Ontario’s weekly 44-hour threshold.
- Most Ontario employment contract clauses claiming “salary includes all overtime” are unenforceable at tribunal — verify whether the actual job duties qualify for an exemption before relying on such clauses.
- Quebec’s vacation entitlement is among the most generous nationally: rises to 8% (4 weeks) after 3 years of service, and is calculated on total annual earnings including variable pay, not just base salary.
- Ontario is the only major province with zero statutory paid sick days — only 3 unpaid days are provided; all other major provinces now legislate at least 5 paid days.
- Quebec has the most statutory public holidays in Canada (13 days), including the unique Fête nationale (June 24) — employers must pay careful attention to Quebec holiday premium pay calculations.
- Working on a public holiday requires extra pay — the rules differ by province: Ontario requires premium pay or a substitute day; Quebec requires 1.5× hourly rate; BC requires 1.5× with 2× after 12 hours.
- Two years of unpaid overtime or vacation violations can expose an employer to a retroactive claim going back 2+ years, plus administrative penalties — a significant financial risk for SMEs.
I. Overtime Rules (Four-Province Comparison)
| Province | Overtime Threshold | Rate |
|---|---|---|
| ON | >44 hours/week | 1.5× |
| QC | >40 hours/week | 1.5× (or comp.) |
| BC | >8 hours/day OR >40 hours/week | Day OT 1.5×; 2× |
| after 12 hrs | ||
| AB | >8 hours/day OR >44 hours/week | 1.5× (1st to |
| trigger) | ||
| Federal | >40 hours/week | 1.5× |
Overtime Calculation Example (BC — the most complex)
A BC software developer works Monday–Friday, 10 hours per day:
- First 8 hours × 5 days = 40 hours × regular rate = regular pay;
- Hours 8–10 each day = 2 hours × 5 days = 10 overtime hours × 1.5× rate;
- Total: 50 hours worked, paid equivalent to 55 hours of regular pay;
- If one day runs 13 hours: hours 8–12 at 1.5×, hours after 12 at 2×.
Why “Salary Includes Overtime” Clauses Fail in Ontario
- Legal authority: ON ESA 2000 s. 22; employer can use written averaging agreements to reduce overtime frequency, but only with employee written consent and not below minimum wage;
- What doesn’t work: Writing “annual salary inclusive of all overtime” in an offer letter — courts find this unenforceable; the employer must back-pay all historical overtime.
II. Vacation and Vacation Pay (Four-Province Table)
| Province | Vacation Pay Rate | Vacation Days (minimum) | When Higher Tier Kicks In |
|---|---|---|---|
| Ontario (ON) | 4% (under 5 years) 6% (5+ years) |
2 weeks / 3 weeks (5+ yrs) | After 5 years of service |
| Quebec (QC) | 6% (under 3 years) 8% (3+ years) |
2 wks / 3 wks (1 yr+) / 4 wks (3 yrs+) | After 1 year / after 3 years |
| BC | 4% (under 5 years) 6% (5+ years) |
2 weeks / 3 weeks (5+ yrs) | After 5 years of service |
| Alberta (AB) | 4% (under 5 years) 6% (5+ years) |
2 weeks / 3 weeks (5+ yrs) | After 5 years of service |
| Federal (CLC) | 4% → 6% → 8% | 2 wks / 3 wks (6 yrs+) / 4 wks (8 yrs+) | After 6 years / after 8 years |
III. Paid Sick Leave (Four Provinces + Federal)
| Province | Statutory Paid Sick Days | Additional Unpaid Days | Waiting Period / Eligibility |
|---|---|---|---|
| Ontario (ON) | 0 paid days | 3 unpaid days per year | No waiting period; all employees |
| Quebec (QC) | 2 paid days | + 24 unpaid days | Paid leave after 3 months service |
| BC | 5 paid days | + 3 unpaid days | After 90 days of employment |
| Alberta (AB) | 5 paid days (added 2024) | + unlimited unpaid (long-term) | After 90 days of employment |
| Federal (CLC) | 10 paid days (amended 2021) | + unlimited unpaid (long-term illness) | After 3 months of employment |
IV. Public Holidays by Province
| Holiday | ON | QC | BC | AB |
|---|---|---|---|---|
| New Year’s Day (Jan 1) | ✅ | ✅ | ✅ | ✅ |
| Family Day (3rd Mon, Feb) | ✅ | ❌ | ✅ | ✅ |
| Good Friday | ✅ | ✅ | ✅ | ✅ |
| Victoria Day / Patriotes Day (Mon before May 25) | ✅ | ✅ (Patriotes Day) | ✅ | ✅ |
| Fête nationale (Jun 24) — QC only | ❌ | ✅ | ❌ | ❌ |
| Canada Day (Jul 1) | ✅ | ✅ | ✅ | ✅ |
| Labour Day (1st Mon, Sep) | ✅ | ✅ | ✅ | ✅ |
| Thanksgiving (2nd Mon, Oct) | ✅ | ⚠️ (no paid right) | ✅ | ✅ |
| Christmas Day (Dec 25) | ✅ | ✅ | ✅ | ✅ |
| Total Statutory Holidays | 9 days | 13 days | 10 days | 9 days |
🗺️ 2026 Canadian Employment Law Roadmap
From Onboarding (S1) and Work Permits (S2) to Dismissal (S3) and Business Compliance (S4) — our 4-season roadmap covers every critical stage of the Canadian professional journey. View the full roadmap for the latest 2026 legal insights.
Includes: S1 Onboarding · S2 Work Permits · S3 Dismissal · S4 Business Compliance
Series navigation:
← S1-3 Minimum Wage & Pay Stub |
Job-S1-4 Overtime, Vacation & Sick Leave (current) |
S1-5 30-Day Action Plan After Layoff → |
Job-S1 Series Hub
Legal references current as of: April 2026 | Author: SiLaw Legal Research Team
