28 (1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee.  2000, c. 41, s. 28 (1). Employee’s entitlement (2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall, (a)  pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or (b)  pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day.  2000, c. 41, s. 28 (2). Substitute day of holiday (2.1) If a day is substituted for a public holiday under clause (2) (a), the employer shall provide the employee with a written statement, before the public holiday, that sets out, (a)  the public holiday on which the employee will work; (b)  the date of the day that is substituted for a public holiday under clause (2) (a); and (c)  the date on which the statement is provided to the employee. 2017, c. 22, Sched. 1, s. 18. Restriction (3) A day that is substituted for a public holiday under clause (2) (a) shall be, (a)  a day that is no more than three months after the public holiday; or (b)  if the employee and the employer agree, a day that is no more than 12 months after the public holiday.  2000, c. 41, s. 28 (3). Where certain work not performed (4) The employee’s entitlement under subsection (2) is subject to the following rules: 1.  If the employee, without reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employee has no entitlement under subsection (2). 2.  If the employee, with reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday under clause (2) (b), as the employer chooses.  However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2). 3.  If the employee performs some of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to perform all of it, he or she is entitled to premium pay for each hour worked on the public holiday but has no other entitlement under subsection (2). 4.  If the employee performs some of the work that he or she was required to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday under clause (2) (b), as the employer chooses.  However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). 5.  If the employee performs all of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2).  2000, c. 41, s. 28 (4); 2002, c. 18, Sched. J, s. 3 (14). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (14) - 26/11/2002 2017, c. 22, Sched. 1, s. 18 - 01/01/2018