Statutory holidays often mean long weekends, time with family, or a well-deserved break – but they also come with specific rules about pay and time off. Whether you’re running a business or checking your next pay stub, here’s a clear look at how holiday pay works in B.C. and for federally regulated workplaces.
Statutory Holidays in British Columbia
There are 11 holidays that are recognized by the province of British Columbia as statutory holidays:
- New Year’s Day
- Family Day
- Good Friday
- Victoria Day
- Canada Day
- B.C. Day
- Labour Day
- National Day for Truth and Reconciliation
- Thanksgiving Day
- Remembrance Day
- Christmas Day
If you’re employed in a provincially regulated workplace, you may be entitled to take these holidays off with pay – or additional pay if you’re required to work.
Who Qualifies for Stat Holiday Pay in B.C.?
An employee’s entitlements are set out in the British Columbia Employment Standards Act. To be eligible for statutory holiday pay in B.C., an employee must:
- Have worked for the employer for at least 30 calendar days before the holiday, and
- Have worked or earned wages on at least 15 of the 30 days leading up to the holiday
How Is Holiday Pay Calculated?
An employee who is given a day off on a statutory holiday is to be paid an amount equal to at least an average day’s pay. This average is calculated by dividing the total amount paid or payable for work performed or wages earned in the 30 days before the holiday (including any vacation pay, but not overtime) by the number of days you worked during that time.
If you have to work on a statutory holiday, your employer should pay you 1.5 times your regular pay for the first 12 hours and double your regular pay for any hours beyond that. Plus, you should also get your average day’s pay in addition.
Can Employers Substitute Stat Holidays?
Yes, an employer can substitute another day off in place of a statutory holiday if both the employer and the employee (or a majority of employees) agree to the substitution.
Who’s Excluded Under B.C. Law?
Under the Employment Standards Regulation, some employees are excluded from statutory holiday pay, including:
- Nursing students
- Volunteer firefighters
- Managers
- Farm workers
- Silviculture workers
- Fishers
- High-tech professionals
- Commission-based salespeople (if their earnings exceed minimum wage calculations)
- Car and truck sales employees (who instead receive 4.4% of gross earnings for the pay period on each paycheque)
Federally Regulated Employees: What’s Different?
If you work in a federally regulated industry, such as banking, transportation, or telecommunications, holiday entitlements are governed by the Canada Labour Code (“CLC”).
The CLC recognizes 10 general holidays:
- New Year’s Day
- Good Friday
- Victoria Day
- Canada Day
- Labour Day
- National Day for Truth and Reconciliation
- Thanksgiving Day
- Remembrance Day
- Christmas Day
- Boxing Day
Under the CLC, an employee is entitled to a holiday with pay for each of the general holidays. In the event that New Year’s Day, Canada Day, National Day for Truth and Reconciliation, Remembrance Day, Christmas Day, or Boxing Day, falls on a Saturday or Sunday that is a non-working day, the employee is entitled to a holiday with pay on the working day immediately preceding or following the general holiday. Additionally, if other general holidays fall on a day that is a non-working day for an employee, the employee should be granted a holiday with pay at some other time.
Calculating Federal Holiday Pay
Generally speaking, holiday pay should be equal to at least one-twentieth of the wages, excluding overtime pay, earned in the four-week period preceding the week in which the general holiday occurs.
However, if you earn all or part of your wages through commission and have worked continuously for an employer for at least 12 weeks, your holiday pay is calculated on a different basis. The holiday pay should be at least one-sixtieth of the wages you earned in the 12 weeks before the holiday week, not including overtime pay.
If an employee is required to work on a day on which they are entitled to holiday pay, then the employer must pay the employee extra. The employee is entitled to receive his or her regular holiday pay, plus at least one-and-a-half times their usual hourly rate for the hours worked on that day.
Substituting a Holiday Under the CLC
Similar to the provincial context, an employer in a federally regulated industry may substitute another day for the general holiday. If the employee is part of a union, the employer can substitute a general holiday for another day if both the employer and the union agree in writing. If the employee is not part of a union, the employer can substitute a general holiday for another day if certain approvals are met. If only one employee is affected, that employee must agree in writing. If the substitution affects more than one employee, then at least 70% of the affected employees must approve of the substitution.
If you have any questions about statutory holiday entitlement, please contact our team – we’re here to help!
