If an employee has been employed for 30 days prior to the statutory holiday and has:

• worked or earned wages for 15 of the last 30 days, or

• worked under an averaging agreement at any time within that 30 day period

If an employee is given the day off on a statutory holiday or given the day off instead of the statutory holiday, they must be paid an amount equal to at least an average days pay determined y the formula:

• amount paid / days worked

this is to be provided regardless of whether or not the holiday falls on the employee's regularly scheduled day off.

If an employee is required to work:

• they must be paid 1.5 times the employee's regular salary for the time worked up to 12 hours

• double regular salary for time worked over 12 hours

• an average days pay, as determined using the formula in section 45

Substitution:

• An employer may substitute another day off for a statutory holiday if the employee and employer agree to the substitution

  • employee has the same rights on this day as any employee under normal stat situation

  • employer must retain 4 years of records of agreements made of such agreements

BC ESA Pt.5