6.06.(1) Where a holiday coincides with a working day for an employee, the employer shall pay the employee an indemnity equal to the average of his daily wage for days worked during the complete pay period preceding such holiday, without considering overtime hours.
(2) For Good Friday, the Monday preceding 25 May, 1 July, the first Monday in September and the second Monday in October, the employee receives the indemnity provided for in paragraph 1, provided that:
(a) he has been in his employer’s service for the 30 days preceding the holiday;
(b) he has worked at least 1 day during these 30 days;
(c) he has been available during the standard workday preceding and following the holiday unless for a serious reason, proof of which lies with the employee and must be submitted within the 5 working days following the holiday, or unless the holiday is included in his vacation period.
(3) For 1 January and 25 December, the employee shall receive the indemnity provided for in paragraph 1, on the following conditions:
(a) he has been in the service of his employer for the 30 days preceding the holiday;
(b) he has worked 10 days during those 30 days;
(c) he has been available for the standard workday preceding and following the holiday, unless a fortuitous event occured for which proof lies with the employee and must be submitted to the employer within the 5 days following the holiday, unless that day is included in his annual vacation.
(4) The employee who receives an indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or any insurance plan on the date of the holiday is not entitled to the indemnity provided for in this section.
R.R.Q., 1981, c. D-2, r. 6, s. 6.06; O.C. 1478-82, s. 3; O.C. 1148-85, s. 6; O.C. 1712-94, s. 9; O.C. 1384-99, s. 18; O.C. 983-2001, s. 7.