Yes, if you are receiving full Loss of Earnings (LOE) benefits in Ontario, your WSIB payments generally account for statutory holidays. While benefits are historically calculated based on 85% of net average earnings, your holiday pay is factored into this formula. Note that in April 2026, the Ontario government introduced Bill 105, which proposes to increase this LOE rate to 90%.
When a workplace injury forces you completely off work, the Workplace Safety and Insurance Board (WSIB) provides Loss of Earnings (LOE) benefits to keep you financially stable. But as long weekends and provincial statutory holidays like Canada Day or Labour Day approach, many injured workers in Ontario worry about the size of their paycheques.
Understanding how WSIB handles statutory holidays is crucial for managing your household budget. While you do not receive a special “bonus” cheque for a holiday while on WSIB, the system is designed to ensure you do not lose the holiday pay you would have normally earned. However, the rules can completely change depending on whether you are completely off work or performing modified duties. 💰
Step-by-Step Process in Ontario
Whether you work in a manufacturing plant in Brampton, a hospital in London, or an office in Toronto, WSIB calculates your benefits using strict mathematical formulas. Here is how to ensure your statutory holiday pay is being handled correctly.
Step 1: Understand the LOE Formula
When your claim is approved, WSIB calculates your LOE benefits based on 85% of your pre-injury net average earnings. However, in April 2026, the Ontario government introduced Bill 105 (the Protecting Ontario’s Workers and Economic Resilience Act, 2026), which proposes to increase this income replacement rate to 90%. If you had a permanent job where you were routinely paid for statutory holidays, that holiday pay was included in the total income WSIB used to calculate your average earnings. Therefore, the holiday pay is “baked in” to your regular WSIB bi-weekly cheques. 📈
Step 2: Determine Your Work Status
Are you completely off work, or are you working modified hours? If you are totally disabled and receiving 100% LOE benefits, WSIB continues to pay you your regular bi-weekly rate right through the holiday. You will not see a separate line item for “Holiday Pay” on your WSIB statement, but you are still receiving the money.
Step 3: Review Employer Obligations for Modified Work
If you are back at work on modified duties and earning partial wages, the rules change entirely. Under Ontario’s Employment Standards Act (ESA), your employer is generally responsible for paying your statutory holiday pay based on the modified wages you are currently earning. WSIB will then pay a partial LOE benefit to top up the difference between your pre-injury earnings and your new modified earnings. 📝
Step 4: Understand Holiday Pay and Compensation Advances
Under WSIB Operational Policy (OPM Policy 18-01-11), you are legally entitled to receive both your full WSIB compensation benefits and statutory holiday pay or employer holiday advances without any deductions from your WSIB payments. If your employer chooses to pay you for a statutory holiday while you are completely off work, the WSIB will not deduct this amount from your Loss of Earnings (LOE) benefits. This ensures you are fully protected financially during holidays without facing a benefit reduction.
Step 5: Dispute Miscalculations
If you believe WSIB calculated your long-term average earnings incorrectly (for example, by improperly excluding your historical statutory holiday pay), you have six months to request a reconsideration of the LOE calculation. You will need to submit past pay stubs and T4s to prove your pre-injury income was higher. 🔍
How Much Does it Cost in Ontario?
Reviewing and disputing your WSIB financial calculations is an administrative process. If you need professional legal help to fix a severe underpayment, here is what it might cost you in Ontario: 💵
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Requesting WSIB Reconsideration | $0 |
| Requesting Employer Payroll Records | $0 |
| Legal Representation (WSIAT Appeal) | Typically 15% – 30% of retroactive back-pay |
How Long Does the Process Take?
If WSIB is paying your LOE benefits correctly, there is no delay; your bi-weekly payments will arrive as normal during the week of a statutory holiday. If you request a formal reconsideration to recalculate your average earnings to include missing holiday pay, WSIB typically takes 4 to 8 weeks to issue a new decision letter.
Frequently Asked Questions (FAQ)
Do I get a separate holiday cheque from WSIB?
No. WSIB does not issue separate payments for statutory holidays. Your bi-weekly Loss of Earnings (LOE) payment remains the exact same, as the value of your annual statutory holidays was already factored into your overall average earnings calculation.
What if my employer pays me for the stat holiday while I am off?
According to WSIB OPM Policy 18-01-11, workers are entitled to receive both full WSIB compensation benefits and employer payments (such as statutory holiday pay or annual vacation pay) without any deduction. You do not face a WSIB clawback for receiving holiday pay from your employer while off on LOE.
Are union members treated differently?
If you belong to a union, your Collective Agreement may have very specific clauses regarding statutory holiday pay while on WSIB. Sometimes, the employer pays the holiday pay directly and WSIB adjusts accordingly. You should always consult your union steward for clarification.
What if I was a temporary or seasonal worker?
If your temporary contract did not legally guarantee statutory holiday pay, WSIB’s calculation of your average earnings will reflect that reality. WSIB only compensates you for the earnings you were legitimately projected to make if the injury had not occurred.
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