Boxing Day Statutory Holiday in Ontario: Employee Rights

Boxing Day (December 26) is a statutory holiday in Ontario under the Employment Standards Act. Ontario is the only province in Canada that recognizes Boxing Day as a paid statutory holiday for provincially regulated employees.

This means most Ontario employees are entitled to the day off with pay, or premium compensation if they work on Boxing Day.

When Is Boxing Day in 2025 and 2026?

Boxing Day falls on December 26 each year:

  • 2025: Friday, December 26
  • 2026: Saturday, December 26
  • 2027: Sunday, December 27 (observed Monday, December 27)
  • 2028: Tuesday, December 26

When Boxing Day falls on a weekend, employers typically provide a substitute day off (usually the following Monday), though the specific rules depend on your employment agreement.

Why Boxing Day Is Unique to Ontario

Boxing Day is only listed as a statutory holiday in Ontario and for federally regulated employees. This creates confusion for companies operating across multiple provinces, as employees in other provinces don’t receive Boxing Day as a paid statutory holiday.

If you work for a national retailer or company, ensure you understand whether you’re provincially regulated in Ontario (entitled to Boxing Day) or covered by different provincial rules if working elsewhere.

Who Is Entitled to Boxing Day in Ontario?

Most Ontario employees qualify for Boxing Day, but you must meet specific criteria.

Basic Eligibility Requirements

You’re entitled to Boxing Day pay if you meet the “last and first rule”: you must work your last regularly scheduled shift before Boxing Day and your first regularly scheduled shift after Boxing Day, unless you have reasonable cause for missing work.

There’s no minimum employment period required. Even if you just started your job in December, you’re entitled to Boxing Day pay as long as you meet the last and first rule.

Who Qualifies

  • Full-time employees
  • Part-time employees
  • Seasonal retail workers hired for the holidays
  • Contract employees
  • Temporary workers
  • Most hourly and salaried employees

Who Is NOT Entitled

Federally regulated employees: Workers in banking, telecommunications, airlines, and railways follow federal holiday rules, which include Boxing Day.

Employees who fail the last/first rule: If you don’t work your scheduled shift before or after Boxing Day without reasonable cause, you lose entitlement.

Independent contractors: Self-employed individuals don’t receive statutory holiday pay.

Certain exempt industries: Some sectors have special rules under ESA regulations.

Working on Boxing Day: Your Pay Rights

Two Payment Options

Your employer chooses one of these options:

Option 1: Premium Pay

  • Regular wages for all hours worked on Boxing Day
  • Plus premium pay at 1.5× your regular rate
  • Plus your regular public holiday pay

Option 2: Regular Pay Plus Substitute Day

  • Regular wages for hours worked on Boxing Day
  • Plus your regular public holiday pay
  • Plus a substitute day off with pay (within 3 months)

Can My Employer Force Me to Work on Boxing Day?

Yes. Your employer can require you to work on Boxing Day if business operations need you, especially in retail, hospitality, healthcare, or other sectors that operate on holidays.

However, your employer must:

Provide proper compensation through premium pay or substitute days off as outlined above.

Give reasonable notice about holiday scheduling.

Apply scheduling fairly without discrimination.

Follow their own policies about holiday work rotation.

What You Cannot Do

You cannot simply refuse to work your scheduled Boxing Day shift without facing potential discipline or termination. However, you must receive proper premium compensation if you work.

Requesting Boxing Day Off

If you want Boxing Day off but are scheduled to work:

Request time off well in advance following your workplace procedures.

Understand that in retail and service industries, Boxing Day is one of the busiest days, so requests may be denied.

Know your rights to premium pay if your request is refused.

What to Do If You Don't Receive Proper Boxing Day Pay

Step 1: Raise It Internally

Ask HR or payroll about the missing payment. Many times it’s a processing error they’ll correct immediately.

Step 2: Document Everything

Keep records of:

  • Your work schedule before and after December 26
  • Whether you worked Boxing Day
  • What you were paid versus what you should receive
  • All communications with your employer

Step 3: File an ESA Complaint

If your employer refuses to pay what you’re owed, file a complaint with Ontario’s Ministry of Labour. This is free and can be done online.

The Ministry can investigate and order payment of what you’re owed, plus interest.

Step 4: Know Your Reprisal Protections

Your employer cannot fire, discipline, or penalize you for asking about Boxing Day pay or filing an ESA complaint. Reprisals are illegal and carry additional penalties.

When Boxing Day Falls on a Weekend

When December 26 falls on Saturday or Sunday, your employer typically provides a substitute day off (often the following Monday). The specific arrangement depends on your employment agreement and company policy.

Key Takeaways

Boxing Day is a statutory holiday in Ontario—the only Canadian province where it’s recognized as such for provincial employees.

You’re entitled to the day off with pay or premium compensation if you work, with no minimum employment period required.

The “last and first rule” determines eligibility: work your scheduled shifts before and after Boxing Day, or have reasonable cause for missing them.

If you work Boxing Day, you must receive premium pay (1.5×) plus regular holiday pay, or regular pay plus holiday pay plus a substitute day off.

Retail and service workers have the same rights as all employees—working Boxing Day doesn’t reduce entitlements.

Termination timing matters: employees fired near Boxing Day may still be entitled to holiday pay in their final compensation.

If you don’t receive proper Boxing Day pay, document the issue, raise it with your employer, and file an ESA complaint if necessary.

Saad Mirza

About the Author

Saad Mirza

Hi! beautiful people. I’m an employment lawyer. I help workers across Ontario stand up for their rights. Hope this blog helped—stick around for more.

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