Employment Standards

Aug 18

The BC Employment Standards Act establishes minimum standards for payment, compensation and working conditions in most workplaces (with limited exceptions including for federally regulated employees working for banks and airlines, and some self-regulating professionals such as dentists and accountants). Below we outline some of the most common issues BC employers deal with.

Be aware that this is not a complete list, and we encourage you to learn more at the BC Employment Standards Branch’s website.

minimum wage

Most BC employees are entitled to a minimum wage of $15.20 per hour with the following exceptions:

In the past, liquor servers were entitled to a lower minimum wage, but since June 2021, they’re entitled to the regular minimum wage (currently $15.20 per hour);
Farm workers may be paid on a piece work basis for hand harvesting crops with the minimum wage based on the specific crop; and
Certain live-in workers such home support workers, camp leaders and resident caretakers are entitled to minimum daily or monthly rates.

hours of work and overtime

Meal Breaks: Employees are entitled to a ½ hour meal break after 5 consecutive hours of work.

Minimum Daily Hours: If an employee reports to work, they are entitled to at least 2 hours of pay. If they were scheduled to work more than 8 hours, they are entitled to at least 4 hours of pay. There are limited exceptions to this requirement, such as if the employee is unfit to work, or if work is suspended due to unsuitable weather.

Hours Free From Work: An employee should have 32 consecutive hours free from work each week, and at least 8 consecutive hours free from work between each shift, subject to limited exceptions.

No Excessive Hours: An employer cannot require an employee to work excessive hours, or hours detrimental to the employee’s health or safety.

Overtime: If an employee works more than 8 hours a day, or 40 hours a week, they must be paid 1.5 times their regular wage for all overtime hours. If an employee works more than 12 hours a day, they must be paid 2 times their regular wage for all overtime hours.

Overtime Bank: An employee may request to bank overtime hours rather than be paid out right away. However, at any time the employee can request to be paid, or paid time off.

Averaging Agreements: An employer may avoid paying overtime pay by entering into an agreement to average an employee’s hours over 1, 2, 3 or 4 weeks. An averaging agreement will not be valid unless the specific requirements for an averaging agreement are strictly followed. Specifically, the agreement must:

Be in writing;
Be signed by the employer and employee before the agreement’s start date;
Specify the length of the agreement;
Specify the work schedule for each day covered by the agreement;
Specify the number of times the agreement is repeated;
Specify a start date and an end date;
Not exceed 12 hours a day; and
Not exceed an average of 40 hours a week.

Where the specific requirements are not met, overtime pay may be owed.

statutory holidays

In BC there are 10 statutory holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day.

Employees who take a day off on a statutory holiday are entitled to be paid an average day’s pay. Employees who are required to work on a statutory holiday must be paid an average day’s pay, PLUS 1.5 times their regular wage for the first 12 hours of work, and 2 times their regular wage for any time worked over 12 hours.

leaves and jury duty

Employees are entitled to time off from work in specific circumstances. Employers cannot fire or demote employees who take time off work as follows:

Illness or Injury Leave: Employees who have completed 90 consecutive days of employment may have 5 days of paid leave and 3 days of unpaid leave annually for personal illness or injury.

Maternity Leave: Pregnant employees may have 17 weeks of unpaid leave starting towards the end of their pregnancy.

Parental Leave: Birth moms may have an additional 61 weeks of unpaid parental leave. Non-birth parents (for example, fathers or adopting parents) may have 62 weeks of parental unpaid leave. In limited circumstances parents may be entitled to additional unpaid time off.

Family Responsibility Leave: Employees may have 5 unpaid days annually to meet responsibilities related to the care, health or education of their child or another member of their immediate family.

Compassionate Care Leave: Employees may have 27 weeks of unpaid leave to provide care or support to a family member with a significant risk of death within 26 weeks.

Critical Illness or Injury Leave: Employees are entitled to unpaid time off to care for critically ill family members as follows:

36 weeks of unpaid leave to care for a family member under the age of 19; and
16 weeks of unpaid leave to care for a family member over the age of 19.

Reservists’ Leave: Employees who are reserve members of the Canadian Forces may have unpaid leave if they are deployed.

Leave Respecting Disappearance of a Child: Employees may have 52 weeks of unpaid leave if their child disappears in criminal circumstances.

Leave Respecting Death of a Child: Employees may have 104 weeks of unpaid leave if their child dies.

Leave Respecting Domestic or Sexual Violence: If an employee or someone in their care experiences domestic or sexual violence, the employee can take up to 5 days of paid leave and 16 weeks of unpaid leave annually to seek medical attention or counselling, obtain social services, relocate, or pursue a related criminal or civil complaint.

Bereavement Leave: Employees can take up to 3 days of unpaid leave if a family member dies.

Jury Duty: Employees are entitled to unpaid time off to attend jury duty.

ANNUAL VACATION

Employees earn vacation time during the first year they are employed. After 12 months, they can take two weeks of annual vacation. After five years, they can take three weeks of annual vacation.

Vacation pay is at least 4% of all wages paid in the previous year. After the employee completes five years of employment, this increases to 6%.

Vacation must be taken within 12 months of being earned. Employees cannot skip taking vacation time and just receive vacation pay.

TERMINATION OF EMPLOYMENT

An employer that dismisses an employee must provide the dismissed employee with working notice, or an equivalent amount of compensation instead. The length of notice or amount of compensation depends on how long the employee was employed before their dismissal. We caution that the minimum set out in the Employment Standards Act is not the full story with employee dismissals, and we can encourage you to read our summary on Dismissal and Severance to learn about common law and contractual obligations.