Family Day not a holiday for all
'A large part of the working population isn't going to enjoy that'
Sonja Puzic, The Windsor Star
Published: Monday, January 07, 2008
Some Windsor and Essex County workers may not be spending Family Day with their families after all.

The new Feb. 18 holiday, an election campaign promise Premier Dalton McGuinty delivered a day after his Liberal government was re-elected Oct. 10, is not a guaranteed day off for many Ontarians, especially those whose employers provide more paid days off than the minimum number of statutory holidays required under the province's Employment Standards Act.

"The Employment Standards Act sets a ground level for things like minimum wage and statutory holidays," said Ministry of Labour spokesman Bruce Skeaff. "If you are in an arrangement with your employer that gives you greater benefit than that, then they don't necessarily have to give you any ... additional days off. There is nothing in the world stopping them, but they don't have to."

Ontario law recognizes nine statutory holidays. Any paid holidays above that are subject to labour contracts or the employer's discretion in non-unionized workplaces.

Some employers have said they may take away a non-statutory holiday if Family Day is observed.

"We're just furious about it," said Ken Lewenza, the president of CAW Local 444, representing hourly workers at Chrysler and Casino Windsor. "I think it's just plain wrong. McGuinty argued that we needed a break from the winter blues and Family Day was fitting in terms of people spending family time together. A large part of the working population isn't going to enjoy that."

CAW National President Buzz Hargrove sent a letter to McGuinty in November, expressing the union's disappointment and asking for "a broad application" of the new holiday to allow workers to celebrate it "notwithstanding other paid holidays provided by employer policy or collective agreement."

"It would be a terrible irony if Ontario's first Family Day holiday was one that a majority of families could not celebrate together because so many workers are still working," Hargrove wrote.

CAW locals, including Local 444, have followed up with individual letters to the government, Lewenza said.

He said some Chrysler workers have been told they can take Family Day off if they forfeit another holiday, such as the Civic Holiday or Remembrance Day. The union is opposed to such arrangements and will continue to fight for a Family Day for all of its members, he said.

"I think, quite frankly, that (McGuinty) misled Ontarians during the election process and we're trying to get him to reconsider."

Skeaff said Family Day is simply subject to the same rules and exceptions as any other statutory holiday.

"This one is getting some people confused because it's new, but it's coming in under the same rules as Christmas is," he said. "There are rules about who can and who cannot get it (off). The terms and conditions are identical. For example, emergency services and hospitals still have to operate."

Other professions not entitled to paid public holidays include seasonal workers, taxicab drivers, firefighters and professionals such as lawyers and doctors, according to a backgrounder posted on the Ministry of Labour's website.

Skeaff pointed out that a number of labour agreements include a clause that says employees will be entitled to any new holidays proclaimed by the government.

That is the case for City of Windsor and Windsor Police Services employees, who will observe Family Day, said Mayor Eddie Francis.

Information about the new holiday and how it applies to the collective agreement will be presented to council.

The issue has not yet been discussed by Essex County officials, said county Warden and Kingsville Mayor Nelson Santos.

"I'm sure it will come up very soon," he said. "I know that in Kingsville, we're in negotiations with (employees)."

Windsor-Essex schools have been given the green light to close their doors on Feb.18. The Ministry of Education has approved the new holiday and the public and Catholic school boards will adjust their school year calendars as a result.

The Canadian Bankers Association has also listed Family Day in Ontario on its 2008 bank holiday schedule.

Although many Ontarians applauded the introduction of Family Day in October, some economists and business leaders have opposed it, estimating the cost of the day off at between $500 million and $2 billion, in terms of holiday and overtime pay as well as loss of productivity and revenue.

Family Day is also observed in Alberta and Saskatchewan.

Ontario Ministry of Labour-recognized statutory holidays:

New Year's Day, Jan. 1

Family Day, third Monday in February

Good Friday, Friday before Easter

Victoria Day, Monday before May 25

Canada Day, July 1

Labour Day, first Monday in September

Thanksgiving Day, second Monday in October

Christmas Day, Dec. 25

Boxing Day, Dec. 26