Holidays are fun, but statutory holidays are even more fun because you get paid during these periods. It is also known as public holidays in most provinces and is not included in your yearly leave. By law, employers must compensate their employees during statutory holidays. That is, your employer must pay you on statutory holidays.
So, depending on your province in Canada, the eligibility requirements and paid amount differ. This article will be reviewing Statutory pay in British Columbia.
What is Statutory Pay?
In Canada, statutory holidays or stat holidays, as commonly referred to, are days when most companies, financial institutions, and government offices are closed, and employees are given a compensated day(s) off. They are frequently recorded as paid holiday time and recognized by the federal and provincial governments.
On the federal level, employees are entitled to nine paid statutory holidays yearly. Note that this amount might vary depending on your province in Canada, employment contract (part-time), and organization (private sector).
Statutory Holiday in British Columbia
In BC, there are ten statutory holidays, and they are:
- New Year’s Day: Friday, January 1, 2021
- Family Day: Monday, February 15, 2021
- Good Friday: Friday, April 2, 2021
- Victoria Day: Monday, May 24, 2021
- Canada Day: Thursday, July 1, 2021
- B.C. Day: Monday, August 2, 2021
- Labour Day: Monday, September 6, 2021
- Thanksgiving Day: Monday, October 11, 2021
- Remembrance Day: Thursday, November 11, 2021
- Christmas Day: Saturday, December 25, 2021
Statutory Pay in British Columbia
In British Columbia, if any statutory holiday falls on a Saturday or Sunday, the employer has to provide holiday pay on the next working day before or after the holiday unless the province regulates the holiday.
However, if a statutory holiday falls on a regularly scheduled workday and is observed, you are entitled to overtime pay for the first 12 hours worked. Your employer must compensate you for any hours worked over 12, double pay and a paid day off. Note that you can only take a statutory holiday while being employed with a company before your next annual vacation.
Statutory Pay Eligibility in B.C.
Employees covered by the Employment Standards Act in British Columbia are eligible to statutory holiday pay for:
- Christmas and New Year’s Day if they have worked for the employer for at least 30 calendar days before the statutory holiday
- If you have worked or earned on 15 of the 30 days before the stat holiday
- Employees who work through an averaging agreement, which allows for the average labor time over four weeks before the holiday, are excluded from the 15-day minimum requirement.
You are not eligible to receive stat pay in B.C if you fall under the following category of workers:
- Fram workers
- Silviculture workers
- Commission sales
- Car and truck sales
- Firefighters – volunteers
- Technology Professionals
Calculating Stat Pay in B.C.
Below is the step to calculate how much statutory pay you are eligible to.
- Count how many days you worked in the 30 days leading up to the statutory holiday, including vacation days.
- Include all earnings, including salary, commission, statutory holiday pay, and vacation compensation. Remember to exclude overtime.
The formula to calculate statutory pay is – Statutory holiday pay (an average day’s salary) = total salary ÷ number of working days.
Bear in mind that you might be required to work on a Statutory holiday. If this happens, you are entitled to receive statutory holiday compensation, which is + 1.5 times your regular income for up to 12 hours worked and double your regular wage for time spent above 12 hours.
For example, Tracey’s average daily pay is CA$300. On a statutory holiday, if:
- Tracey did not work – she will receive CA$300
- Tracey worked for 12 hours – she will receive +1.5 of her daily pay + CA$300
- Tracey worked for 16 hours – she will receive +1.5 of her daily pay + double-time for four hours + CA$300
Sorting Stat Payment Issues in B.C.
If you’re having problems with your stat pay, inform your employer. If talking to your boss about the situation isn’t working, consider putting your request in writing.
Include a copy of your employment contract as well as a pay stub for the period in question. If BC employment standards laws protect you, you can register a complaint with the Employment Standards Branch.
Employees qualified for statutory holiday pay are paid regardless of whether the statutory holiday comes on their regularly scheduled day off or not.
An eligible employee’s statutory holiday compensation is calculated based on their average daily salary over the previous 30-calendar-day period.
It is advisable to take some time to familiarize yourself with your legal rights and procedures to ensure that you are fairly reimbursed for your services.
If you’re having problems with your stat pay, report your employer or seek legal advice from a professional to assist you in figuring out what to do next.