Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 1 - INTRODUCTORY PROVISIONS

ESA Section 1 – Definitions – Day


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section contains definitions for terms used throughout the Employment Standards Act and its Regulation.


Text of Legislation

"day" means

(a) a 24 hour period ending at midnight, or

(b) in relation to an employee's shift that continues over midnight, the 24 hour period beginning at the start of the employee's shift;


Policy Interpretation

"Day" means one of the following:

  • a 24 hour period ending at midnight

    Example

    Richard works from 7:30 am to 3:30 pm on Monday, Tuesday and Wednesday. He has completed three days of work.
     
  • When a shift continues over midnight, the 24 hour period beginning at the start of the employee’s shift

    Example

    Ashley’s scheduled shift commences at 10:00 pm in the evening and ends at 6:00 am the following morning. She works this shift starting on Monday, Tuesday, and Wednesday. Ashley has completed 3 days of work even though shift ends at 6:00 am on the 4th day of that workweek.

The definition of “day” protects employees whose shift straddles midnight. For example, employees are entitled to overtime when working a shift longer than eight hours, even if the shift straddles midnight.


Related Information

Related sections of the Act or Regulation

ESA