In British Columbia, vacation days count as days worked when determining entitlement to public holiday. Employees who work under an averaging agreement at any time in the 30 days before the holiday do not have to meet the 15-day requirement.
If the employee agrees or has to work on the public holiday, they will be compensated by receiving time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours plus an average days pay. The employee may be given an alternate day off with holiday pay to substitute for the public holiday, if the employer and employee agree. The employee may also credit the wages for the alternate day off to his or her time bank.
Where an employer and the majority of employees agree, the employer may substitute another day off for a statutory holiday. An alternate or substitute day off must be scheduled no later than six months after the public holiday for which it was earned. The alternate or substitute day off must be scheduled before the employee’s next annual vacation or before the date the employment ends.
Note that some employees may be exempt from public holiday entitlements under the British Columbia Employment Standards Act.
Alberta, Ontario, Saskatchewan, Manitoba, and Prince Edward Island are the other Canadian jurisdiction that recognize Family Day as a public (statutory) holiday and allow workers that qualify time off with pay on that day. However, these provinces celebrate family day on the third Monday in February each year. As a result, family day for these provinces fall on Monday February 17, 2014. By having the holiday of family day on the second Monday, British Columbians will be able to enjoy not only ski hills, but also parks and other local attractions throughout the province without other long-weekend traffic.
The Nova Scotia government passed Bill 15, An Act to Establish a Holiday in February Act on December 12, 2013 to establish the third Monday in February in 2015 and in each subsequent year as a public holiday starting in February 2015.
Important note about federally regulated workplaces: Provincial employment standards legislation does not apply to employees of federally regulated businesses like banks, telecommunications companies, railways and airlines, or to federal civil servants. These employers are covered by the Canada Labour Code, which does not provide for family day. However, federally regulated employers can at their discretion add Family Day as a public holiday or floater day in workplace policies.
Yosie Saint-Cyr
First Reference Human Resources and Compliance Managing Editor
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
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I undestand that managers are not included in the statutory holiday provision in BC.
Can you please provide more detail? What does it mean?
Are managers entitled to stat holidays with pay, but are not covered by 1.5 rate if they do work? If not entitled to holiday pay, are they entitled to a day off without pay or are they required to work on stat holidays? I know that most employers are allowing managers a day off with pay on statutory holidays in BC, but I just heard on an employer where all managers work on the stats. What are their rights.
Is the low the same in all provinces or this exclusion is unique to BC? Thanks for any insight on this issue.