Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 5 - STATUTORY HOLIDAYS
ESA Section 46 – If employee is required to work on statutory holiday
This section explains the statutory holiday wages that must be paid to eligible employees who work on statutory holidays.
46 An employee who works on a statutory holiday must be paid for that day
(a) 1 1/2 times the employee's regular wage for the time worked up to 12 hours,
(b) double the employee's regular wage for any time worked over 12 hours, and
(c) an average day's pay, as determined using the formula in section 45 (1).
Subsections (a) (b) (c)
An eligible employee, as noted in s.44, who works on a statutory holiday is entitled to time and one-half for the first 12 hours worked and double time for any work over 12 hours. They are also entitled to an average day's pay in accordance with s.45 of the Act.
Tony, working in the hospitality industry and entitled to statutory holidays under section 44 of the Act, is given December 25 (Christmas Day) as a day off but is required to work on New Year's Day, January 1. Tony works 10 hours on January 1. He worked 19 8-hour shifts in the 30 calendar days preceding January 1 and had one paid statutory holiday (Christmas Day).
This employee is entitled to be paid the following for January 1:
Normal hourly rate: $12.00/hour
Wages earned on 19 working days: 19 days x 8 hours x $12.00 = $1824.00
Statutory holiday pay received for December 25: 8 hours x $12.00 = $ 96.00
Total Wages in preceding 30 day period: = $1920.00
divided by 20 days worked and paid for [$1920/20 days] = $ 96.00
Wages earned on January 1: 10 hours @ 1-1/2X $12.00 = $ 180.00
Average day's pay based on above calculation = $ 96.00
Total statutory holiday wages owing = $ 276.00
Shifts that straddle midnight:
What wages are owed to an employee whose shift starts on a statutory holiday but finishes on a regular working day?
In accordance with the definition of "day" in s.1 of the Act, if an employee's shift starts on a statutory holiday and the shift continues over midnight, the employee is entitled to statutory holiday pay for work performed for the entire shift (because the start of the shift commenced on the Statutory Holiday).
Barry, a night shift gas attendant, commences his normal 8-hour shift at 10:00 pm on July 1 Canada Day and his shift ends at 7:00 am on July 2. This scheduled shift includes a one hour unpaid meal break. In accordance with the definition of "day" in s.1 of the Act, Barry is entitled to statutory holiday pay for all hours worked during his shift because his shift started on the statutory holiday.
Barry is also entitled to an average day's pay in accordance with s.45(1).
What wages are owed to an employee whose shift starts on a regular working day but ends on a statutory holiday?
If a shift continues over midnight but started on the day before the statutory holiday, there is no entitlement to statutory holiday pay even for the hours of work actually performed on the statutory holiday (because the start of the shift commenced on the day before the statutory holiday.
Susan, a night shift gas attendant, commences her normal 8-hour shift at 10:00 pm on June 30 and her shift is scheduled to end at 7:00 am on July 1, Canada Day. She does not work at any other time on July 1. This scheduled shift includes a one-hour unpaid meal break. In accordance with the definition of "day" in s.1 of the Act, Susan is not entitled to any statutory holiday pay for time worked on the June 30th -July 1 shift because her shift did not commence on the statutory holiday.
Susan is entitled to an average day's pay in accordance with s.45(1).
Employees covered by a collective agreement
Under s.3 of the Act, where a collective agreement contains any provision respecting statutory holidays, the provisions of this section do not apply. If a collective agreement does not contain any provision respecting statutory holidays, Part 5 is deemed to be incorporated in the collective agreement as part of its terms.Where there is a collective agreement, the enforcement of matters relating to Part 5 is through the grievance procedure, not through the enforcement provisions of the Act.
Related sections of the Act or Regulation
- s.1, Definition “statutory holiday”
- s.3, Scope of this Act
- s.44, Entitlement to statutory holiday
- s.45, Statutory holiday pay
- s.48, Substituting another day for a statutory holiday
- s.57, Annual Vacation
- s.1, Definition “farm worker”
- s.1, Definition “manager”
- s.34.1, Farm workers
- s.36, Exclusion from statutory holiday pay requirements
- s.37, Fishers
- s.37.8, Exclusions – high technology companies
- s 37.9, Silviculture workers
- s.37.14, Commission Sales