What will happen to unionized employees who are covered by collective agreements if their agreements do not include a provision for Family Day when the holiday takes place next February?
Unionized employees would be entitled to take Family Day off with holiday pay unless their collective agreement is more beneficial to them in relation to holidays than the ESA holiday provisions. In that case, the collective agreement holiday provisions, rather than the ESA holiday provisions, would apply. For example, a collective agreement that does not recognize Family Day but that gives ten other holidays (assuming other aspects of the contract’s holiday provisions are at least as favourable to employees as ESA holiday provisions) might be found to provide a greater benefit in relation to holidays than the ESA. In that case, the agreement’s holiday provisions would apply rather than the ESA holiday provisions, so the employees would not be entitled to the Family Day holiday.
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