Family Day is a statutory holiday in Ontario under the Employment Standards Act. This means most employees are entitled to the day off with pay, or premium pay if they work.
Family Day falls on Monday, February 17, 2025, and is observed annually on the third Monday of February. The holiday was introduced in 2008 to give Ontario workers a day off during the long winter stretch between New Year’s Day and Good Friday.
When Is Family Day in Ontario?
Family Day is celebrated on the third Monday of February each year in Ontario. Here are the upcoming dates:
- 2025: Monday, February 17
- 2026: Monday, February 16
- 2027: Monday, February 15
- 2028: Monday, February 21
The holiday always falls between February 15 and February 21, providing a long weekend in mid-winter.
Is Family Day a Paid Day Off?
Yes, if you’re eligible. Family Day is a paid public holiday, which means:
If you have the day off: You receive your regular day’s pay without working.
If you work on Family Day: You receive premium pay (your regular wages plus either premium pay or a substitute day off).
The payment rules ensure you’re compensated for the statutory holiday regardless of whether you work.
Who Is NOT Entitled to Family Day?
Certain employees don’t qualify for statutory holiday entitlements:
Employees with less than 30 days service at your current employer.
Employees who fail the “last and first rule” by not working their scheduled days immediately before and after the holiday without reasonable cause.
Federal employees: Those working for federally regulated employers (banks, airlines, railways, telecommunications) don’t get Family Day. Federal regulations don’t recognize it as a statutory holiday.
Independent contractors: Self-employed individuals don’t receive statutory holiday pay.
Employees in industries with exemptions: Some sectors have different rules under special ESA regulations.
The "Last and First Rule" Explained
This rule determines whether you qualify for Family Day pay and often causes confusion.
What It Means
You must work (or be available to work) both:
- Your last scheduled shift before Family Day
- Your first scheduled shift after Family Day
If you miss either shift without reasonable cause, you lose entitlement to holiday pay.
Examples That Qualify
Example 1: You’re scheduled Friday before Family Day and Tuesday after. You work both days. ✓ You qualify.
Example 2: You’re not scheduled Friday, but you’re scheduled Saturday before Family Day and Tuesday after. You work both. ✓ You qualify.
Example 3: You’re sick Friday before Family Day but provide a doctor’s note. ✓ You qualify (reasonable cause).
Example 4: You’re on approved vacation the week before and after Family Day. ✓ You qualify (approved leave is reasonable cause).
Can My Employer Refuse to Give Me Family Day Off?
Your employer can require you to work on Family Day if it’s a regular working day for you or if business operations require it. There’s no absolute right to have every statutory holiday off.
However, your employer must:
Provide proper compensation through premium pay or substitute days off as outlined above.
Give reasonable notice if you’re being scheduled to work the holiday.
Follow their own policies about holiday scheduling and rotation.
Not discriminate in deciding who works holidays and who gets time off.
Requesting Family Day Off
If you want Family Day off but are scheduled to work:
Request time off in advance following your workplace procedures.
Explain your reasons if you have compelling personal circumstances.
Understand your rights to premium compensation if your request is denied.
Know you can’t simply refuse to work without risking discipline or termination, but you must receive proper compensation if you do work.
What to Do If You Don't Receive Proper Family Day Pay
Step 1: Raise It With Your Employer
Start by asking HR or your manager about the missing or incorrect payment. Often, it’s an honest error they’ll correct.
Step 2: Document Everything
Keep records of:
- Your work schedule before and after Family Day
- Whether you worked the holiday
- What you were paid versus what you should have received
- Any communications with your employer
Step 3: File an ESA Complaint
If your employer won’t correct the issue, file a complaint with the Ministry of Labour. You can do this online, and there’s no cost.
The Ministry can investigate and order your employer to pay what you’re owed, plus interest.
Step 4: Know Your Protection From Reprisal
Your employer cannot fire, discipline, or penalize you for:
- Asking about Family Day pay
- Asserting your rights to statutory holiday pay
- Filing an ESA complaint
Reprisals for exercising ESA rights are illegal and can result in additional penalties for your employer.
Key Takeaways
Family Day is a statutory holiday in Ontario, entitling most employees to a paid day off or premium pay if they work.
You qualify if you’ve worked 30+ days and meet the “last and first rule” by working your scheduled shifts before and after the holiday.
If you work Family Day, you must receive premium pay (regular wages + 1.5× premium + public holiday pay) or regular wages + public holiday pay + substitute day off.
Part-time and irregular workers calculate holiday pay based on average daily earnings from the 4 weeks before the holiday.
Employers cannot refuse to pay statutory holiday entitlements, and you’re protected from reprisals for asserting your rights.
If you don’t receive proper Family Day pay, document the issue, raise it with your employer, and file an ESA complaint if necessary.
Termination timing affects holiday pay entitlement—employees fired near Family Day may still be entitled to holiday pay in their final compensation.
