Holiday Pay Rules in Nova Scotia: A Practical Guide for Employers

Holiday pay is the single most misunderstood part of Nova Scotia payroll. The rules aren't complicated, but they are specific — and they don't match what most people assume.

Nova Scotia has only six paid holidays. Thanksgiving isn't one of them. Boxing Day isn't one of them. Remembrance Day isn't one of them either — it has its own separate law with rules that work in the opposite direction from the others.

This guide covers exactly what you owe, to whom, and when.

The six paid holidays

Under the Labour Standards Code, these are the general holidays with pay in Nova Scotia:

Holiday	2026	2027
New Year's Day	Thursday, Jan 1	Friday, Jan 1
Nova Scotia Heritage Day	Monday, Feb 16	Monday, Feb 15
Good Friday	Friday, Apr 3	Friday, Mar 26
Canada Day	Wednesday, Jul 1	Thursday, Jul 1
Labour Day	Monday, Sep 7	Monday, Sep 6
Christmas Day	Friday, Dec 25	Saturday, Dec 25

Heritage Day always falls on the third Monday in February. Labour Day is the first Monday in September.

Days that are not paid holidays

This is where most errors start. The following are commonly treated as holidays but carry no holiday pay obligation in Nova Scotia:

Easter Monday
Victoria Day
Natal Day (first Monday in August)
Thanksgiving Day
Boxing Day
National Day for Truth and Reconciliation (September 30)
Remembrance Day (November 11 — separate rules, covered below)

You may choose to pay for these days as a benefit, and many employers do. But it isn't required, and if you offer it, it's a matter of your own policy rather than the Code.

A note on September 30: provincial offices, public schools, and regulated childcare close for the National Day for Truth and Reconciliation, but it is not a general holiday under the Labour Standards Code. Private employers decide for themselves. Worth planning around regardless — school and daycare closures often mean staffing requests.

Who qualifies for holiday pay

An employee must meet both tests:

Test 1 — Paid for 15 of the 30 days before the holiday. During the 30 calendar days immediately before the holiday, the employee must be entitled to receive pay for at least 15 of those days.

The phrase "entitled to receive pay" is doing real work here. It does not mean the employee worked 15 days. Paid sick days count. Paid training or course time counts. Vacation time counts. An employee can qualify without having worked 15 days in that window.

Test 2 — Worked the scheduled shifts either side. The employee must have worked their last scheduled shift before the holiday and their first scheduled shift after it.

Again, one word matters: scheduled. If a part-time employee wasn't scheduled to work the day before or the day after, that doesn't disqualify them. And if you told an employee not to come in on either of those days, they still qualify — provided they meet Test 1.

Two things employers get wrong

There is no probation period. You cannot withhold holiday pay until someone has been employed three months, or any other length of time. If an employee meets the two tests, they're entitled — regardless of how long they've worked for you. The Code sets a minimum standard, and you can't contract below it.

Part-timers and casuals qualify too. Nothing in the rules limits holiday pay to full-time staff. A part-time employee who meets both tests is entitled to holiday pay, calculated on their own average.

Employees the rules don't cover

Holiday pay rules don't apply to:

employees under a collective agreement
most farm employees
real estate and car salespeople
commissioned salespeople selling away from your premises (except those on an established route)
employees on a fishing boat
employees in petrochemical manufacturing or refining
employees providing domestic service or personal care in a private home, either to an immediate family member or for 24 hours or less per week
athletes engaged in their athletic activity

How much to pay

There are four scenarios. Work out which one applies, then apply the matching rule.

1. Qualifies and takes the day off → a regular day's pay

If hours are consistent, pay a normal day's wages.

If hours vary from day to day — which is most restaurant, retail, and care staff — average the hours over the 30 calendar days before the holiday:

An employee worked 20 of the 30 days before the holiday, totalling 170 hours. 170 ÷ 20 = 8.5 average hours per shift At $17.00/hour: 8.5 × $17.00 = $144.50 holiday pay

If the employee earns commission, commissions are wages under the Code and must be included. Average total wages instead of hours:

An employee worked 17 of the 30 days and earned $2,040 including commissions. $2,040 ÷ 17 = $120 average day's pay

2. Qualifies and works the holiday → both amounts

An employee who qualifies and works gets:

a regular or average day's pay (calculated as above), plus
1.5× their regular rate for every hour actually worked on the holiday

Same employee, working an 8-hour shift on Christmas Day at $17.00/hour: Average day's pay: $144.50 Premium for hours worked: 8 × $17.00 × 1.5 = $204.00 Total: $348.50

That's the full obligation for a qualifying employee who works a general holiday — not one or the other.

3. Qualifies but the holiday falls on their regular day off → another paid day off

You must give a different day off with pay. You have three options:

the working day immediately after the holiday, or
the day immediately following the employee's vacation, or
another day you and the employee agree on.

4. Doesn't qualify → no holiday pay

If the employee fails either test, there's no entitlement. If they work that day, they're paid their normal wages for the hours worked, with no premium.

One more thing: employees earn vacation pay on holiday pay, the same as on regular wages. Don't leave holiday pay out of the vacation accrual base.

Continuous operations

If you run a continuous operation, you have an alternative. This covers industrial establishments where production doesn't stop, trucking and other vehicle services, telephone and communications services, and any operation where staff normally work Sundays or public holidays.

For a qualifying employee who works the holiday, you may either follow the standard calculation above, or pay straight time for hours worked and give another day off with pay (after their vacation, or on a day you both agree).

Note: an employee in a continuous operation who is called in for the holiday and doesn't show up loses the holiday pay entitlement.

Remembrance Day works completely differently

November 11 is not a general holiday under the Labour Standards Code. It falls under the Remembrance Day Act, and the logic is reversed.

The core difference: for the six general holidays, employees who take the day off get paid. For Remembrance Day, employees must actually work November 11 to earn anything.

Who earns a day off with pay

An employee earns another day off with pay if all three apply:

their employer is in a business that is permitted to open but not exempt from the Act (see below);
they work on November 11; and
they were entitled to wages for at least 15 of the 30 calendar days before November 11.

The paid day off is taken after the employee's annual vacation, or on another day you both agree to.

There is no premium pay. Unlike the general holidays, the Act doesn't require time-and-a-half for hours worked on November 11. You may offer it as a greater benefit, but it isn't required.

Employees who don't work November 11 get nothing unless you choose to pay them.

The three categories of business

Must close. Most retail: grocery stores, big box stores, retail malls, and many smaller retail operations.

May open — and owe the paid day off. Stand-alone drug stores (not those inside grocery stores), service stations, hospitality businesses (accommodation, food, beverage, recreation, camping, private clubs, veterans' organizations), stores with no more than three people working at any one time, and bakeries baking for next-day sale. On the non-retail side: hospitals and operations relieving sickness or suffering, licensed daycares, emergency repair work, public transportation, dairy operations, and utilities work needed to maintain continuous supply.

Exempt entirely. Farming, fishing and aquaculture, Christmas tree operations, forestry and logging, and industrial undertakings (mines, quarries, factories, ship building, power generation, construction, call centres). For these, November 11 is an ordinary business day and the paid-day-off provisions don't apply at all.

Other Remembrance Day rules

You cannot substitute another date for November 11. Unlike the general holidays, no substitution is permitted.
Three minutes of silence. Businesses permitted to operate must suspend operations for three minutes starting at 10:59 am. This doesn't apply to the exempt categories above.
No alcohol sales or performances before noon.
Partial shifts are allowed. Businesses that must close may still operate until 6:00 am to finish a shift that began the previous day, and after 9:00 pm to start a shift continuing into the next day.
Penalties are significant. Up to $1,000 on summary conviction generally — and up to $15,000 for an employer who authorizes or knowingly permits a violation.

The province runs an assessment tool that tells you how the Act applies to your specific business. If you're unsure which category you fall into, use it.

Can you move a holiday?

Yes, for the six general holidays — with two conditions.

If you and your staff would rather work the holiday and observe it on a different day, you can apply to substitute. For example, if Canada Day falls on a Thursday, everyone might prefer to work July 1 and take Friday July 2 instead.

To do it properly:

get your employees' agreement in writing;
clearly state which day is being substituted for the holiday;
send both to the Director of Labour Standards for approval.

Substitution isn't automatic — it requires that approval. And as noted above, Remembrance Day can never be substituted.

Retail closing days

Separately from holiday pay, certain retail businesses are required to close on nine days a year. Six are the paid holidays listed above. The other three are Boxing Day, Easter Sunday, and Thanksgiving Day — closing days, but not paid holidays.

Retail employees who are scheduled on a closing day (to stock or clean, for instance) generally have the right to refuse the work.

How the October 1 minimum wage increase affects holiday pay

Nova Scotia's minimum wage rises from $16.75 to $17.00 per hour on October 1, 2026. Because holiday pay is calculated from actual wages earned, that change flows straight into your holiday calculations:

Average day's pay for Remembrance Day and Christmas will be based on wages earned in the 30 days before each — a window that sits entirely after October 1 in both cases.
Premium pay for minimum wage staff working Christmas Day becomes $17.00 × 1.5 = $25.50 per hour.

If your payroll system is still applying the old rate anywhere, holiday pay is where the error compounds. Full detail on the increase is in our guide to the October 2026 minimum wage change.

Quick checklist before the next holiday

Confirm the day is actually a paid holiday under the Code
Run both qualifying tests for each employee, including part-timers
Average hours (or wages, if commissioned) over the prior 30 days for anyone with variable hours
Add the 1.5× premium for anyone who qualifies and works
Schedule a replacement day off for anyone whose regular day off falls on the holiday
Include holiday pay in the vacation pay accrual base
For November 11, check which of the three Remembrance Day categories you're in

Sources

Payslips Consulting is a payroll company based in Sydney, Cape Breton, working with small and mid-sized businesses across Nova Scotia. Holiday pay calculations, averaging, premium rates, and vacation accrual are handled automatically for our clients — you send the hours, we manage the rest. Get a quote.

This article is general information, not legal advice. Labour Standards can be reached toll-free in Nova Scotia at 1-888-315-0110. Complaints must be filed within six months of a possible violation.