http://www.labour.gov.bc.ca/esb/esaguide/

for current information

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Once an employee has worked for an employer for 30 calendar days, the employee is entitled to statutory holidays with pay. (Note: a manager as defined in the Regulation is not entitled to statutory holidays - see definition of "manager".)

Statutory Holiday Pay

• An employee with a regular schedule of hours who has worked at least 15 of the 30 calendar days prior to a statutory holiday is entitled to a regular day's pay for the holiday.
• An employee who has worked irregular hours on at least 15 of the 30 days prior to a statutory holiday is entitled to an average day's pay for the holiday. This amount is calculated by dividing the total wages, excluding overtime, earned in the 30 day period by the number of days worked.
• An employee who has worked fewer than 15 of the 30 days prior to a statutory holiday is entitled to pro-rated statutory holiday pay. This amount is calculated by dividing the total wages earned in the 30 day period by 15.
• If an employee is on annual vacation, the employee's vacation days and vacation pay are counted as days worked and wages earned when calculating statutory holiday pay.

Working on a Statutory Holiday

An eligible employee who works on a statutory holiday must be paid time and a half for the first 11 hours and double time after 11 hours. The employee must also be given an alternate day off with pay. The employee may credit the wages for the alternate day off to his or her time bank, if the employee has one.

The employer must schedule the alternate day off:

• before the employee's annual vacation,
• before the date the employment terminates, or
• within 6 months of the statutory holiday if the wages were credited to the employee's time bank,

whichever is earliest.

An employee not eligible for the statutory holiday who works on the holiday may be paid as if it were a regular work day, and is not entitled to an alternate day off.

Statutory Holiday on a Day Off

Where a statutory holiday falls on a non-working day for an eligible employee, the employee must be given another day off with pay. This day off must be scheduled and paid as outlined above.

Substituting Statutory Holidays

Where an employer and a majority of affected employees agree, the employer may substitute another day off for a statutory holiday. The Act and Regulation apply to the substitute day as if it were a statutory holiday.

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