Conservative Leader John Tory is labelling the Ontario government's handling of Family Day, a new statutory holiday, as "gross incompetence."

The comment was made after Premier Dalton McGuinty acknowledged more than one million workers won't be getting the day off on Feb. 18, because they already get more than the legally required number of days off.

Tory says it's unfair that some families will get the statutory holiday while others won't.

Family Day started as a campaign promise during last year's provincial election, and it was the first issue McGuinty took action on after his re-election.

The holiday already exists in two other provinces, Saskatchewan and Alberta. Manitobans will also have Feb. 18 off this year for Louis Riel Day.

But the trouble began when many employers, including police forces and auto companies, decided not to give their employees the day off because they already give their employees more than the required eight holidays that are classified as legal statutory days off.

McGuinty said Wednesday the controversy is overblown and that 70 per cent or more of workers will be getting the day off. 

"It would be great to read a story about some of those four million who are about to enjoy family day for the first time," he said.

But Tory wondered why, if it's supposed to be Family Day, are some families not included.

"That's unfair to those million people, and it says to me that's gross incompetence in the planning of this thing," he said.

Tory says many workers will not only have to work on Family Day, they'll also have to make alternate child care arrangements because schools and daycares are going to be closed.