Statutory Holiday on a Sunday
More often than one would expect, we field a question from our clients, particularly those who have recently made BC Canada their home: "What happens if a statutory holiday falls on a Saturday or a Sunday?" It's an understandable question, as navigating the intricacies of local laws and regulations can be a daunting task. Let's explore this scenario and shed some light on what you need to know.
① Understanding Statutory Holidays
In Canada, workers are entitled to statutory holidays, but the specific holidays can vary depending on the province or territory and whether the employment is federally regulated. While days like Valentine's Day, Mother's Day, and Halloween are celebrated nationwide, they are not considered statutory holidays, which means no paid leave is granted for these occasions. The regulations differ for federal employees, provincially regulated employees, part-time workers, and those in the private sector.
To ascertain the list of statutory holidays in BC, please refer to the following link:
② When Statutory Holidays Collide with Weekends
If a statutory holiday coincides with a non-working day, the norm is to observe the holiday on an alternate day, typically either the preceding Friday or the following Monday. Employers are granted the discretion to determine which day will be recognized as the holiday.
For instance, Canada Day is traditionally celebrated on July 1st. However, if July 1st falls on a Sunday, the holiday will be observed on the following Monday. Conversely, if it falls on a Saturday, the preceding Friday will usually be designated as the day off.
To delve deeper into this, consult the Employment Standards Act:
③ Eligibility and Compensation
To be eligible for statutory holiday pay, an employee must have been employed for 30 calendar days before the statutory holiday and have worked or earned wages on at least 15 of those 30 days. Special provisions exist for employees working under averaging agreements or variances in the 30 days leading up to the holiday.
When eligible employees are granted a day off on a statutory holiday, they are entitled to receive pay equivalent to an average day's wage. If an eligible employee works on a statutory holiday, they should receive time-and-a-half for the first 12 hours worked and double-time for any additional hours, along with an average day's pay.
Employees who don't meet the eligibility criteria for statutory holiday pay won't receive an average day's pay. In such cases, an ineligible employee working on a statutory holiday may be compensated as if it were a regular workday. Part-time employees also enjoy a paid day off on statutory holidays, with compensation prorated based on the hours worked prior to the holiday.
For more information on statutory holiday pay eligibility, please refer to the Employment Standards Regulation at the following link:
BC Statutory Holiday Pay Eligibility [LINK]
Certain categories of employees are excluded from receiving statutory holiday pay, as listed by Employment Standards. These include nursing students, volunteer firefighters, farmworkers, managers, fishers, high technology professionals, silviculture workers (provided they receive 4% on each paycheque in lieu), commission salespersons (if their total wages exceed the base rate plus overtime and statutory holiday pay), and car and truck salespersons (provided they receive 4% on each paycheque in lieu).
④ The Addition of a New Federal Statutory Holiday
In 2021, a new federal statutory holiday, National Day for Truth and Reconciliation, was introduced on September 30. Subsequently, on March 9, 2023, the BC government passed legislation to make September 30 a statutory holiday within the province. This move signifies an important step in acknowledging the atrocities of residential schools and aligns with one of the recommendations put forth by the Truth and Reconciliation Commission, which encourages remembrance on September 30 each year. This legislative change was implemented through the creation of a new Act, aptly named The National Day for Truth and Reconciliation Act.
In Conclusion
Understanding how statutory holidays are managed when they fall on weekends is one of those must-know for both employers and employees in BC, Canada. While the intricacies of the Employment Standards Act and related regulations might appear daunting, this knowledge ensures that everyone can fully enjoy these special occasions. We extend our warmest wishes for a fantastic holiday season, filled with joy and relaxation. If you're seeking design and marketing solutions to make your holiday campaigns shine, please don't hesitate to reach out to us. We're here to help your business thrive during this festive time.
