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Employee Bears Cost of Refusing to Work Sundays or Public Holidays

Under the Employment Standards Act, an employee has the statutory right to refuse to work a shift scheduled for a Sunday or public holiday provided that he or she provides notice to the employer 48 hours in advance of the scheduled shift. The employer cannot penalize or dismiss the employee for the refusal.

Despite the this right, the employee alone bears the cost of refusing to work the shift. The employer is not obligated to substitute another shift to "make-up" the hours that the employee would be otherwise entitled to. The cost of declining the shift is borne by the employee not the employer.

The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.

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