British Columbia
Statutory Holidays
What are the statutory holidays in British Columbia?
The statutory holidays are:
New Year's Day (January 1st) Good Friday (April 2, 2010) Victoria Day (May 24 2010) Canada Day (July 1st - if July 1st falls on a Sunday, July 2nd replaces it as the statutory holiday) British Columbia Day (1st Monday in August) Labour Day (1st Monday in September) Thanksgiving Day (October 11, 2010) Remembrance Day (November 11th) Christmas Day (December 25th)
Please note: Easter Sunday/Monday are not holidays in BC.
What are the eligibility requirements to qualify for holiday pay?Length of service – To qualify for paid statutory holidays, employees must have been employed for 30 calendar days prior to the statutory holiday and have worked or earned income on 15 of the previous 30 days. Employees who work under an averaging agreement do not have to meet the 15-day requirement.
Are there exceptions to the eligibility requirements?
Specific regulations exclude certain groups such as managers, agriculture workers, some commission salespersons, and high technology professionals from the statutory holiday provisions.
How much should I get paid if I work on a statutory holiday?Eligible employees are entitled to 1½ times their regular wage for the first 12 hours of work and twice their regular wage for each hour thereafter, plus another day off with pay. The day must be scheduled before the employee's annual vacation, before the date the employment terminates, or within 6 months, whichever is earliest.
Special conditions for certain farm workers – Farm workers not paid on a piece work rate basis are entitled to a day off with pay within 6 months of the holiday.
How much should I get paid if I don't work on a statutory holiday?
Employees are paid for their regular daily hours or average hours over the previous 30 day period even if they do not work the statutory holiday.
Employees with a regular schedule – Eligible employees who have a regular schedule and have earned wages for at least 15 of the 30 days before the holiday and farm workers not paid on a piece-work rate basis are entitled to pay for regular daily hours.
Employees without a regular schedule - Employees who have worked at least 15 days in the 30-day period preceding the holiday are entitled to an amount equal to their total wages, not counting overtime, over that period, divided by the number of days worked.
What if a statutory holiday falls on a non-working day?If a holiday falls on a non-working day, an employee is entitled to another day off with pay.
Can a statutory holiday be substituted for a day-off on another day of the year?A holiday may be substituted for another day off if the substitution is agreed to in a collective agreement or if the employer and employee or employees agree to it.
What if I'm a unionized employee?The holiday provisions of a collective agreement prevail if they meet or exceed the requirements of the Act. Otherwise, the terms of the Act are deemed to be incorporated in the collective agreement. Any disputes must nevertheless still be resolved through the collective agreement's grievance procedure.
What if I work on a farm?Farm workers not paid on a piece work rate basis and who are not provided paid days off for statutory holidays are entitled to an amount equal to 3.6% of their gross earnings.
What if I work in the Silviculture industry?In lieu of statutory holiday pay, an employer may pay a Silviculture worker:
(a) 3.6% of gross earnings for the pay period on each pay cheque;
(b) if applicable, a sum equal to the piece rate multiplied by 1.036; or,
(c) if the Silviculture worker did not work on the statutory holiday, one day's pay (amount equal to the previous four weeks' earnings divided by the number of days worked) if he/she worked on the statutory holiday, an amount equal to double the piece rate or regular rate.
Which legislation establishes statutory holidays in my jurisdiction?The Employment Standards Act; the Employment Standards Regulations; and the Holiday Shopping Regulation Act (HSRA). |