Lenora asked:

I haven't found clear answers online for the following questions and would appreciate your help in regard to:

Statutory Holiday Pay and Holiday Pay for a part-time employee that works part time on a rotating schedule: three days one week, four the next, repeat and has not completed a full year.

1) Is the employee entitled to be paid for statutory holidays that are not worked? And if so, how much if the employee normally works an eight hour day?

2) If the employee resigns within the first year, is holiday pay due and how is it calculated?

Matthew L. Dewar answered:

In regards to part one. To be eligible for statutory holiday pay in B.C., the employee must have been employed for at least 30 calendar days before the statutory holiday and had worked or earned wages on 15 of the 30 days immediately before the statutory holiday.

When a statutory holiday falls on a regular day off, the eligible employee is entitled to be paid an average day's pay. An average day's pay is calculated by dividing total wages earned in the 30 calendar days before the statutory holiday by the number of days worked. Vacation days taken during this period count as days worked.

"Total wages" includes wages, commissions, statutory holiday pay and vacation pay. Part-time employees are entitled to statutory vacation pay so long as they meet the above mentioned requirements.

For part two. If the employee resigns, he is still entitled to any accrued statutory holiday pay so long as he otherwise qualifies for the payment.

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