The establishment shall recognize and observe during the year thirteen (13) paid statutory holidays. These holidays shall be noted on a list drawn up by the establishment and given to each resident by July 1 of each year at the latest.
Without limiting the foregoing number of statutory holidays, the resident shall benefit from the paid statutory holidays observed in the establishment where he is on rotation.
A statutory holiday is a day designated by the establishment as a statutory holiday. For instance, Easter always falling on a Sunday, the establishment will designate the Monday as the statutory holiday.
As you have rotations in more than one establishment, you are given the statutory holiday of the establishment where you are performing the rotation, even if you are paid by another establishment. For instance, if you are performing a rotation at the CHUM but are paid by the CIUSSS de l’Estrie – CHUS, the establishment will observe the CHUM’s statutory holidays.
If you are in that situation, it is possible that you may obtain more than 13 statutory holidays once the year is completed, as provided for in the Agreement. If, however, you notice that, because of changing establishments, you cannot observe the minimum of 13 statutory holidays, you may take the missing statutory holidays, up to a maximum of 13, at a time agreed upon between you and your establishment.
Note that, for the purposes of applying the Agreement, pursuant to Article 1.11, the year begins on July 1 and ends on June 30.
Certain standards also apply concerning the validity of your rotation if you plan to take vacation. To do so, you may wish to check your University’s policy in that regard
When assigning call periods, the establishment shall divide the statutory holidays fairly among residents in the same department.
Taking statutory holidays
When the resident is required to work during one of the statutory holidays, he may accumulate all these holidays.
These holidays so accumulated shall be taken, after agreement with the establishment, at any time during the year.
Payment for statutory holidays
At the resident’s request, however, the establishment shall pay him for each of these accumulated holidays compensation equal to one one-hundred-and- thirtieth (1/130) of his annual salary, as well as paying him for the statutory holiday at the regular rate.
Statutory holidays worked, by way of call duty in an establishment or call duty at home, may be accumulated and taken as leave at other times in the year.
A statutory holiday worked entitles you to a day off. At your choice, however, rather than taking this statutory holiday later as a day off, you may demand to be paid triple time, i.e., the salary paid on the statutory holiday plus the equivalent of twice the salary for one day. To do so, you must apply to the Teaching Office or the Payroll Department. You have until the end of the academic year (June 30) to decide to be paid for any statutory holidays not taken during the year.
The resident may receive the benefits provided for in Article 23.03 above as soon as the period during which he has to work lies, in whole or in part, during a statutory holiday.
If a portion of your call duty lies within a statutory holiday, you are deemed to have worked on that holiday.
For instance, if Monday, April 5, 2021 is a statutory holiday and you are on call duty at home on Sunday, April 4, 2021, you will have the possibility of taking your statutory holiday at a later date or being paid for it, since part of your call duty, i.e., between midnight and 08:00 Monday morning, lies within the statutory holiday. Similarly, if you perform night call in an establishment on April 5, 2021 from midnight to 08:00 Monday morning, you will also have the possibility of taking your statutory holiday at a later date or being paid for it.
Note, however, that if you perform two call duties at home in a row, on Sunday, April 4 and Monday, April 5, you are deemed to have worked on one statutory holiday only.
Carry over of statutory holidays
When one of these statutory holidays falls on a weekly day off, a Saturday or a Sunday, during annual vacation or during sick leave not exceeding twelve (12) months, when the resident has to be paid from his sick leave reserve, except for work accidents, the resident shall not lose this statutory holiday, which shall be carried over to another date agreed upon with the establishment.
Furthermore, if the statutory holiday falls during sick leave not exceeding twelve (12) months, when the resident is paid under the salary insurance provisions, the establishment shall pay the difference between his salary insurance benefit and his salary (one two hundred and sixtieth (1/260)).
If there is a statutory holiday during your vacation, you may take this statutory holiday later as a day off.
Christmas and new year’s holiday period
At Christmas or New Year’s, the resident shall be entitled to take five (5) consecutive days’ leave, including Christmas Day or New Year’s Day. Days other than statutory holidays and weekend days included in this leave shall be deducted from annual vacation and accumulated statutory holidays, as the resident chooses.
The statutory holidays of the Holiday period are those determined by the establishment where you are on rotation, or standing in lieu thereof, i.e., December 25, December 26, January 1, and, in some establishments, January 2.
You are entitled, during the Holiday period, to a minimum of five consecutive working days’ leave, in addition to the weekend in certain circumstances, i.e., during the Christmas or New Year’s Day period. In fact, in the event that your five days’ leave is split by a weekend, that weekend must be free of any clinical activity and must not be deducted from the leave provided for in this article.
To determine these five days’ leave, the establishment will first use the statutory holidays observed depending on your set leave period, i.e., December 25 and 26, or what stands in lieu of it, or New Year’s Day and, in some establishments, January 2, or what stands in lieu of it. Then, to determine the other three days, some establishments will first use the other two statutory holidays worked accumulated during the Holiday period, followed by one day’s vacation. But if instead you want these three days to be deducted entirely from your bank of vacation days, make sure you let the establishment know this before the leave begins.