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


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the statutory holiday wages that must be paid to eligible employees who work on statutory holidays. 


Text of Legislation

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).


Policy Interpretation

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.

Example

Tony works in the hospitality industry and earns $15 an hour. He is entitled to statutory holiday pay under section 44 of the Act. He is given Christmas Day off but works 10 hours on New Year's Day. He worked 19 eight-hour shifts in the 30 calendar days preceding New Year’s Day and was also paid an average day’s pay of $120 for Christmas Day.

Tony is entitled to be paid $345.00 for New Year’s Day, calculated as follows:

1. Average Day’s pay:

19 days worked in preceding 30 days x 8 hours/day x $15/hour = $2,280.00

Average day’s pay earned for Christmas Day (8 hrs x $15/hr) =     $  120.00

Total:                                                                                                $2,400.00

$2,400.00 wages earned ÷ 20 days he worked or earned wages = $120.00

2. Wages earned for working on New Year’s Day:

10 hours @ time and a half (1.5 x $15) = $225.00

Total statutory holiday pay owing = $345.00

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).

Example

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.

Example

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 Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheets

Statutory Holiday Dates

Statutory Holidays

Collective Agreements and the Employment Standards Act