On March 9, 2023, the BC provincial government passed legislation to make September 30 a new statutory holiday. This new statutory holiday, the National Day for Truth and Reconciliation, will provide an opportunity to commemorate the history and legacy of the residential school system, and to honour survivors as well as those children who never made it home.
Starting in 2023, September 30 will be considered a statutory holiday for provincially-regulated employers in BC, bringing the total number of statutory holidays in BC to eleven. Be sure to update your employee handbook or HR policy manual to reflect this change.
For all statutory holidays, the following rules shall apply:
Eligibility for Statutory Holiday Pay
- An employee is eligible for statutory holiday pay if they have been employed by the employer for at least 30 calendar days before the statutory holiday AND have worked or earned wages for 15 of the 30 calendar days preceding the statutory holiday.
- If an employee does not meet these eligibility requirements, they will be compensated in the same manner as any other work day if they work on the statutory holiday. If the statutory holiday falls on their regular day off, they are not entitled to receive any statutory holiday pay for the day.
Calculating Statutory Holiday Pay
- An eligible employee who is given a day off for a statutory holiday must be paid an amount equal to at least an average day’s pay.
- An average day’s pay is calculated by determining the amount of wages earned by the employee during the 30 calendar day period preceding the statutory holiday divided by the number of days the employee worked or earned wages within that 30 calendar day period. Wages include vacation pay that is paid or payable, less any amounts paid or payable for overtime.
- The average day’s pay applies whether or not the statutory holiday falls on the employee’s regularly scheduled day off.
Working on a Statutory Holiday
- Eligible employees who work on a statutory holiday must be paid the following for the day:
- 1.5x their regular wage for the time worked up to 12 hours;
- 2x their regular wage for any time worked over 12 hours; plus
- An average day’s pay
Substituting Another Day for a Statutory Holiday
- An employer, with the agreement of an employee (or the majority of employees if a group of employees is affected), may substitute another day off for a statutory holiday.
- The substituted day is then treated like any other statutory holiday.
- For example, if September 30 falls on a Saturday, the employer and the majority of employees can agree to substitute it for the following Monday, October 2. October 2 would then be the statutory holiday while September 30 remains a regular day.
- Agreements for substitutions must be retained for 4 years.
For more information on statutory holidays in BC, please visit the BC Employment Standards website.
Posted: March 22, 2023
