As long weekends arise, we are often asked about the rules surrounding statutory holiday entitlements under the BC Employment Standards Act, RSBC 1996, c 113 (the “ESA”).
Pursuant to section 1 of the ESA, “statutory holiday” means:
- New Year’s Day
- Family Day
- Good Friday
- Victoria Day
- Canada Day
- British Columbia Day
- Labour Day
- National Day for Truth and Reconciliation
- Thanksgiving Day
- Remembrance Day
- Christmas Day and
- Any other holiday prescribed by regulation
Entitlement
Pursuant to section 44 of the ESA, employees are entitled to statutory holidays when they have been employed by the employer for at least 30 calendar days before the statutory holiday, and when they have worked for 15 of those 30 days or worked under an averaging agreement at any time within the 30 days. Otherwise, they are entitled to be compensated in the same manner as any other working day.
Statutory Holiday Pay
Section 45 of the ESA sets out how pay for a statutory holiday is calculated for an eligible employee who is given a day off on a statutory holiday. It must be at least an average day’s pay.
Working on a Statutory Holiday
Section 46 of the ESA states that an eligible employee who works on a statutory holiday is entitled to time and a half for the first 12 hours worked and double time for any work over 12 hours.
Substituting a Statutory Holiday
According to section 48 of the ESA, an employer and an employee, or a majority of employees as the case may be, may agree to substitute another day off for a statutory holiday. In this case, any employees have the same rights as they would if the other day were a statutory holiday. As well, employers must retain four years’ worth of any such agreements made.
Statutory Holidays and Annual Vacation
Section 57 of the ESA states that an annual vacation is exclusive of any statutory holidays that an employee is entitled too. As such, if a statutory holiday to which an employee is entitled falls during a period of vacation, their vacation time or pay should not be reduced as a result of the statutory holiday.
Managers are Excluded
Section 36 of the Employment Standards Regulation, BC Reg 396/95 (the “ESR”), states that managers are not entitled to statutory holiday pay.
Know Your Rights and Responsibilities
Whether you are an employee who is looking forward to the next long weekend, or an employer wondering about statutory holiday obligations, it is important to have effective legal support.
If you need assistance or want to discuss this issue, reach out to us. We want to help!
