British Columbia Employment Law

An employer must give an employee an annual vacation of:

• • • At least 2 weeks, after 12 consecutive months of employment, or
    • At least 3 weeks, after 5 consecutive years of employment.

An employer must ensure an employee takes an annual vacation within 12 months after completing the year of employment entitling the employee to the vacation. An employer must allow an employee who is entitled to an annual vacation to take it in periods of one or more weeks.

Vacation Pay

An employer must pay an employee the following amount of vacation pay:

• • • • After 5 calendar days of employment, at least 4% of the employee’s total wages during the year of employment entitling the employee to the vacation pay;
      • After 5 consecutive years of employment, at least 6% of the employee’s total wages during the year of employment entitling the employee to the vacation pay.

Vacation pay must be paid to an employee:

• • • • At least 7 days before the beginning of the employee’s annual vacation, or
      • On the employee’s scheduled paydays, if agreed in writing by the employer and the employee or provided by the collective agreement.

Vacation pay an employee is entitled to when the employment terminates must be paid to the employee at the time set for paying wages. Employment Standards Act, § 57-58.

The current minimum wage as of June 1, 2023, is $16.75 per hour. Employment Standards Regulation § 15.

The minimum wage in British Columbia is subject to change. Kindly visit this link for the updated wage rate.

An employer must ensure that no employee works more than 5 consecutive hours without a meal break and that each meal break lasts at least a 1/2 hour. Employment Standards Act, § 32.

A pregnant employee is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins no earlier than 13 weeks before the expected birth date. An employee who requests leave after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.

An employee who requests leave after the termination of the pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. An employee who requests leave is entitled to up to 6 additional consecutive if unable to return to work after termination of pregnancy.

A request for leave must be given in writing to the employer and should be given to the employer at least 4 weeks before the day the employee proposes to begin the leave, and if required by the employer should be accompanied with a medical certificate from a medical practitioner or nurse practitioner. Employment Standards Act, § 50.

An employee is entitled to parental leave of up to 61 additional consecutive weeks of unpaid parental leave immediately after their pregnancy leave. Non-birth parents and adopting parents are entitled to up to 62 consecutive weeks of unpaid parental leave, which must begin within 78 weeks after the birth of the child or after the child is placed with the parent (in the case of adoption).

If the child has a physical, psychological or emotional condition requiring an additional period of parental care, an employee who requests leave is entitled to up to an additional 5 consecutive weeks of unpaid leave, beginning immediately after the end of the leave.

A request for leave must be given in writing to the employer and should be given to the employer at least 4 weeks before the employee proposes to begin the leave, and if required by the employer, be accompanied by a medical practitioner’s or nurse practitioner’s certificate or other evidence of the employee’s entitlement to leave. An employee’s combined entitlement to maternity and parental leave is limited to 78 weeks plus any additional leave the employee is entitled to for a child who has a physical, psychological or emotional condition requiring an additional period of parental care. Employment Standards Act, § 51.

An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to the care, health or education of a child in the employee’s care, or the care or health of any other member of the employee’s immediate family.

Employment Standards Act, § 52.

An employee is entitled to up to 27 weeks of unpaid leave to provide care or support to a family member if a medical practitioner or nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks. The employee must give the employer a copy of the certificate as soon as practicable. Compassionate care leave ends on the last day of the week in which the earlier of the following occurs:

• • • The family member dies;
    • The expiration of 52 weeks from the date the leave began.

Leave taken must be taken in units of one or more weeks. In case the family member does not die within the period of leave given the employee can take a further leave after obtaining and submitting a new medical certificate. Employment Standards Act, § 52.1.

An employee who is a reservist and who requests leave is entitled to unpaid leave, for the prescribed period or, if no period is prescribed, for as long the employee is deployed by the Canadian Forces for any kind of operation engagement inside or outside Canada. A request for leave must be given in writing to the employer or applied at least 4 weeks before the employee proposes to begin the leave. Employment Standards Act, § 52.2.

The employee is granted unpaid leave to be given during the disappearance of a child. A parent is provided with up to 52 weeks of unpaid leave, whose child (under 19 years of age) disappears as a result of a crime. This leave is not available for employees who are charged (but not necessarily convicted) with a crime that resulted in the disappearance of their child. The leave must be taken consecutively, though it may be taken intermittently with the employer’s consent. The unpaid leave may end on the earliest of the following dates if any apply:

• • • • The date when the child is found dead;
      • The date on which the circumstances indicate it is no longer probable that the child’s disappearance is a result of a crime;
      • 14 days after the child is found alive;
      • The date on which circumstances indicate it is no longer probable that the child’s disappearance is a result of a crime; or,
      • The date the employee is charged with a crime that resulted in the disappearance of the child.

If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that the employee’s child has disappeared in circumstances in which it is probable that the disappearance is a result of a crime. Labor Code, § 52.3.

If a child of an employee dies as a result of a crime and the employee requests leave, the employee is entitled to unpaid leave for a period of up to 104 weeks. If an employee is charged with a crime that resulted in the death of the employee’s child, the employee is not entitled, or, if already on leave, is no longer entitled to leave. The leave must be taken consecutively, though it may be taken intermittently with the employer’s consent. The unpaid leave may end on the earliest of the following dates if any apply:

• • • • • The date the employee is charged with a crime that resulted in the death of the child;
        • The date that is the last day of the last unit of time in respect of which the employer consents.

If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that the employee’s child is dead. Employment Standards Act, § 52.4.

An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee’s immediate family. Employment Standards Act, § 54.

If an employee is required to attend court as a juror, the employer has the same duties to provide leave to the employee for the same. The employee is entitled to all increases in wages and benefits the employee would have been entitled to have the leave not been taken or the attendance as a juror not been required. Employment Standards Act, § 55.

Employees are entitled to 5 paid days and 5 unpaid days. These days may be taken consecutively or separately. This period remains followed by up to an additional 15 weeks leave if they, or an “eligible person” such as their children or a dependent adult person under their care, experience domestic or sexual violence, and wish to request a leave for one or more of the following purposes:

• • • To seek medical attention for the employee or eligible person in respect of a physical or psychological injury or disability caused by domestic or sexual violence;
    • To obtain for the employee or eligible person victim services or other social services relating to domestic or sexual violence;
    • To obtain for the employee or eligible person psychological or other professional counseling services in respect of a psychological or emotional condition caused by domestic or sexual violence;
    • To temporarily or permanently relocate the employee or eligible person or both the employee and eligible person;
    • To seek legal or law enforcement assistance for the employee or eligible person, including preparing for or participating in any civil or criminal legal proceeding related to the domestic or sexual violence; or
    • Any prescribed purpose.

Bill 8 passed on May 30, 2019, extended critical illness or injury leave up to 36 weeks to care for a critically ill child and up to 16 weeks to care for a critically ill adult.

After 90 consecutive days of employment with an employer, an employee is entitled to up to 5 days of paid leave and 3 days of unpaid leave in each calendar year for personal illness or injury.