Working in British Columbia
MINIMUM WAGE DEDUCTIONS
Employees must be paid at least minimum wage regardless of: An employer is required by law to make deductions from employee wages, for example:
• How they are paid – hourly, salary, commission or other incentive basis • Income tax
• Their status – full time, part-time, temporary or permanent • Employment Insurance premiums (EI)
The minimum wage in B.C. as of June 1, 2024 is $17.40 per hour. • Canada Pension Plan contributions (CPP)
• A court order to garnish wages
Other employee groups like live-in home support workers, resident caretakers and certain
If an employee agrees in writing, other wage deductions can also include:
farm workers have different wage rates. Check the Employment Standards Regulation for
• Medical premiums
more info.
• Repayment of payroll advances or purchases made from an employer
TIPS AND GRATUITIES • Accidental overpayments
Employers can collect tips and distribute them to all employees who shared in earning them. It’s illegal to make employees pay for business expenses, even if they agree to it. This
Employers cannot withhold tips or force employees to give their tips to them unless they’re includes deducting expenses because company property was stolen or damaged, or a
required to do so by law (e.g. a court order to garnish wages). customer left without paying.
Employers can only take a share of tips if they regularly do the same or similar work as the STATUTORY HOLIDAYS
employees who share tips. There are 11 statutory holidays in British Columbia:
MINIMUM DAILY PAY • New Year’s Day • Victoria Day • Labour Day • Thanksgiving Day
An employee who reports for work must be paid for at least 2 hours, even if they work less • Family Day • Canada Day • National Day for • Remembrance Day
than 2 hours. If the employee is scheduled for more than 8 hours, they must be paid for at • Good Friday • B.C. Day Truth and Reconciliation • Christmas Day
least 4 hours. Easter Sunday, Easter Monday and Boxing Day are not statutory holidays in B.C.
If work stops for a reason beyond the employer’s control, the employee must be paid their Employees get paid for statutory holidays if they’re qualified. To qualify for statutory holiday
minimum daily pay or the actual time worked, whichever is longer. pay, an employee must:
An employee is only paid for time actually worked if: • Have been employed for at least 30 calendar days and
• They are unfit to work • Have worked on at least 15 of the 30 days before the statutory holiday (employees who
• They do not meet WorkSafeBC health and safety regulations worked under an averaging agreement do not have to work 15 days)
Statutory holiday pay equals an average day’s pay.
MEAL BREAKS
Employees who work on a statutory holiday must be paid an average day’s pay plus
A 30-minute unpaid meal break must be provided when an employee works more than 5
time-and-a-half for hours they work. They’re paid double time for hours worked over
hours in a row. Employers are not required to provide coffee breaks.
12 hours.
An employee must be paid for the meal break if they’re required to work (or be available to
Employers and employees may agree in writing to substitute another day for a
work) during their meal break.
statutory holiday.
PAYDAYS AND PAYROLL RECORDS ANNUAL VACATION
Employees must be paid at least twice per month. Pay periods cannot be longer than 16 days. After 1 year of employment, employees can take up to 2 weeks per year off for vacation.
All wages earned, including overtime and statutory holiday pay, must be paid within 8 days After working for 5 consecutive years for the same employer, employees can take 3 weeks off.
after the end of the pay period. Vacation time must be taken within 12 months of earning it. That means employees earn
Employers must provide a pay stub (wage statement) every payday. It should include: vacation during their first year of employment and use it during the following year.
• The employer’s name and address Vacation time is taken in periods of 1 or more weeks. Employees can ask to take just 1 or 2
• The hours worked by the employee days off at a time – it’s up to an employer whether or not they want to approve this type of
• The employee’s wage rate and how the wages were calculated (e.g. hourly, salary, flat or request. Employers cannot require employees to take vacation in periods of less than 1 week
piece rate, commission, or other incentive basis) at a time.
• The employee’s overtime rates Vacation pay is at least 4% of an employee’s total wages. Vacation pay increases to 6% after
• The hours worked at overtime rates an employee has worked for the same employer for 5 consecutive years.
• Any money, allowance or other payment the employee is entitled to (e.g. vacation pay or Vacation pay is calculated on all wages earned from the first day an employee starts
statutory holiday pay) employment. It’s considered part of an employee’s total wages for the year. Vacation pay is
• The employee’s gross and net wages not paid to employees who work for 5 calendar days or less.
• Any amounts withdrawn from the employee’s time bank and how much time remains
Vacation pay must be paid at least 7 days before an employee starts their annual vacation.
• The employee’s wage rate and how the wages were calculated
If an employee and employer agree in writing, employees can take vacation pay on every
• The amount and purpose of each deduction
pay cheque.
Employers must keep payroll records for each employee for 4 years. If employment ends, all outstanding vacation pay must be paid on an employee’s final pay
An employee must be paid final wages if their job ends: cheque – even if they worked less than 1 year.
• Within 48 hours, if they are terminated or laid off COMPENSATION FOR LENGTH OF SERVICE
• Within 6 days, if they quit
When employment ends, employers are required to give employees written working notice
Final wages includes everything the employer owes the employee – for example, regular or an equal amount of pay called compensation for length of service. It is not required:
wages, overtime, statutory holiday pay, compensation for length of service, and vacation pay. • If an employee works less than 3 months
OVERTIME • If an employee quits, retires or is terminated for just cause
Employees are paid time-and-a-half for any time worked over 8 hours in a day, up to 12 The amount of written notice and/or pay is based on how long an employee has been employed.
hours. Employees are paid double time for any time worked over 12 hours in a day. • After working for 3 months = 1 week of notice and/or pay
Employees are paid time-and-a-half for any time worked over 40 hours in a week, counting • After working for 1 year = 2 weeks of notice and/or pay
only the first 8 hours worked each day. • After working for 3 years = 3 weeks of notice and/or pay, plus 1 week for each
additional year of employment (to a maximum of 8 weeks)
An employee can make a written request to bank their overtime hours instead of being paid
for them during the pay period when they’re earned. Hours need to be banked based on the Additional notice is required if 50 or more employees are terminated at the same location
overtime rate they were earned at. Later on, the employee can ask for: within a 2 month period.
• Part or all of the wages in the time bank to be paid out LEAVES FROM WORK
• Time off with pay for a period agreed upon by the employer and employee Employees are allowed to take an unpaid leave of absence for specific reasons. Before
taking a leave, they need to let their employer know when and why they need to take the
AVERAGING AGREEMENTS
leave. Employers cannot end employment or change a condition of employment because of
An employer and an employee can agree to average work hours over 1, 2, 3, or 4 weeks. a leave set out below – unless they get written consent from the employee.
Averaging agreements must be: Illness or injury leave (sometimes called sick leave): After 90 days of employment,
• Agreed to before they start employees can take up to 5 paid days and 3 unpaid days of job-protected leave per
• In writing calendar year.
• Specify a start and end date
Maternity leave: A pregnant employee can take up to 17 consecutive weeks. This leave may
Employees are paid overtime if they work more hours than their regular schedule: be extended by up to 6 weeks.
• They are paid time-and-a-half when they work more than 8 hours in a day if the extra Parental leave: A mother who has taken maternity leave can take to up to 61 weeks. Other
hours are more than their regular schedule or parents can take up to 62 weeks. The leave can begin at any time within 78 weeks of a baby
• They are paid time-and-a-half for hours worked over an average of 40 hours in a week being born or a child being placed. It may be extended by up to 5 weeks.
during the agreed averaging period (e.g. 80 hours averaged over 2 weeks) Family responsibility leave: An employee can take up to 5 days in each employment year
UNIFORMS AND SPECIAL CLOTHING to attend to the care, health or education of a child under the age of 19 in their care. They
If employers require a uniform or special clothing, they must provide them to employees at can also use this type of leave to attend to the care or health of any other member of their
no cost. They must also pay to clean and maintain these items or agree to reimburse immediate family.
employees for doing it. They cannot charge employees a deposit for uniforms. Compassionate care leave: An employee can take up to 27 weeks in a 52-week period to
Special clothing is any item that creates a specific image, including items: provide care for a family member who is terminally ill and is at risk of death within 26 weeks.
• Chosen by the employer A medical certificate is required.
• Purchased from a specific store, including garments the business is selling Critical illness or injury leave: An employee can take 36 weeks to care for a child and up to
• In a specific brand or style 16 weeks to care for a family member over the age of 19. A medical certificate is required.
• With a company logo or unique company colours COVID-19 - Paid vaccination leave: Employees can take up to 3 hours of paid leave to be
Employers do not have to pay for an employee to meet a general dress code such as vaccinated against COVID-19. If necessary, they can take additional paid leave for additional doses.
business casual, no jeans, no cut-offs, or a white shirt with dark pants. COVID-19 - Unpaid leave: An employee can take unpaid, job-protected leave for certain
Employees must purchase their own: reasons related to COVID-19, such as self-isolating or assisting a dependant.
• Clothing needed for protection against the elements Reservists’ leave: An employee who is a reservist for the Canadian Forces is entitled to 20
• General purpose work gloves days of unpaid leave in a calendar year to participate in specific duties.
• Appropriate footwear including safety footwear Leave respecting disappearance or death of child: An employee can take up to 52 weeks
• Safety headgear if their child disappears and up to 104 weeks for the death of their child.
These items are only considered special clothing or a uniform if it identifies employees with Leave respecting domestic or sexual violence: An employee can take up to 5 days of paid
the employer (e.g. a company logo). leave and 5 more days of unpaid leave per calendar year if they are impacted by domestic or
TEMPORARY FOREIGN WORKERS sexual violence, plus additional time if necessary.
Temporary foreign workers are covered by the Employment Standards Act and are entitled Bereavement leave: An employee can take up to 3 days if an immediate family member dies.
to all of its protections. In addition, many foreign workers have additional protections under Jury duty: An employee can take leave to attend court as a juror.
the Temporary Foreign Worker Protection Act.
The law in B.C. sets standards for payment, compensation and working conditions in most workplaces. Updated
For more information, please contact the Employment Standards Branch toll free: 1-833-236-3700 | gov.bc.ca/EmploymentStandards July 2024