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BC Stat Holiday question
Ask the ExpertBC Stat Holiday question
Sacha Kimling asked 1 year ago
Is a team member entitled to stat holiday pay while on a leave of absence?
1 Answers
Rory L answered 1 year ago

An employee on leave or jury duty is not usually entitled to statutory holiday pay. While on leave or jury duty, an employee is absent without earning wages. As a result, days on leave are not included when determining if an employee is eligible for statutory holiday pay under s.45 of the Act.

However, if the statutory holiday falls on a day when they are on leave or jury duty and an employee is eligible for the statutory holiday, in accordance with s.45, they must be paid for this day regardless of the fact that they are on leave or jury duty. Similarly, if the employee’s contract of employment provides for statutory holiday pay while on leave or jury duty, then the employee is entitled to that holiday with pay.

 

The answer is not entirely clear on this, it all comes down to employee eligibility for stat pay.

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm/esa-part-6-section-56#:~:text=Statutory%20Holidays,is%20absent%20without%20earning%20wages.