ARTICLE
6 February 2013

Statutory Holidays In B.C. – Family Day Update For Employers

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Alexander Holburn Beaudin + Lang LLP

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Alexander Holburn is a leading full-service, Vancouver-based law firm providing a wide range of litigation, dispute resolution and business law services to clients throughout Canada and abroad. We have a proud 45-year history, with 85+ lawyers providing thoughtful, practical legal advice to governments and municipalities, regional, national and international companies, and individuals in virtually all areas of law.
A discussion on the employment implications following the introduction of Family Day in the province of British Columbia.
Canada Family and Matrimonial

British Columbia’s new statutory holiday, Family Day, which falls on the second Monday in February (Monday February 11th in 2013), is fast approaching. With this in mind, we have put together an overview of BC’s statutory holidays and some guidelines for your reference.

The introduction of Family Day means the province of British Columbia now observes 10 statutory holidays:

  1. New Year’s Day;
  2. Family Day;
  3. Good Friday;
  4. Victoria Day;
  5. Canada Day;
  6. B.C. Day;
  7. Labour Day;
  8. Thanksgiving Day;
  9. Remembrance Day; and
  10. Christmas Day.

What does this mean for employers?

Under BC’s Employment Standards Act eligible employees (those who have worked or earned wages on 15/30 days prior to the holiday) are entitled to a paid day off for statutory holidays.

What if I need my employee to work on Family Day?

If an eligible employee works on a statutory holiday they are entitled to be paid at 1.5 times their regular hourly rate for the first 12 hours worked and at double their hourly rate for any subsequent hours. This is in addition to receiving an average day’s pay.

Four of my five staff are from Ontario, where Family Day is celebrated a week later. They want to visit their families for Ontario’s holiday. Will they need to take vacation days?

It is possible to substitute a statutory holiday for another day if an employer and a majority of employees agree to the substitution. If a substitution does occur the above would apply to that substituted day.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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