British Columbia Employment Law

Duration of Annual Leave – Employees earn annual leave time during the first year they’re employed. After 12 months of employment, they are entitled to get 2 weeks of annual leave. After 5 years of employment, the employee will be entitled to 3 weeks of annual leave.

Employees must take time off for annual leave and receive annual pay. Annual leave must be taken within 12 months of being earned. Employees cannot skip taking annual leave time and just receive annual leave pay.

Annual leave is scheduled in periods of 1 week or more unless the employee asks for a shorter amount of time. Employers can schedule annual leave time according to business needs as long as employees are able to take their annual leave days within 12 months of earning them.

Advance Annual Leave – Employees can ask to take annual leave days before earning them. If an employer allows this, it does not affect an employee’s annual leave entitlement later on, unless the employer clearly explains that at the time. The employer must require the employee to submit their request in writing.

If the employer allows the employee to take annual leave days in advance, the employer can deduct the number of annual leave days they took in advance from their annual leave entitlement once they have actually earned it.

Annual Leave Pay – An employer must pay an employee the following amount of vacation pay:

• • • After 5 calendar days of employment, the employee is entitled to vacation pay at 4% of their total wage;
    • After 5 consecutive years of employment, the employee is entitled to vacation pay at 6% of their total wage.

Annual leave pay must be paid at least 7 days before an employee starts their annual leave time. If the employee and employer agree in writing, it can be paid out on every pay cheque instead. Any annual leave pay received by an employee becomes part of the total wages paid in that year.

Annual Leave Coinciding with Public Holiday – An annual leave is exclusive of statutory holidays that an employee is entitled to. If a statutory holiday falls during an employee’s annual leave, the employee is entitled to be treated the same way for their statutory holiday entitlement as they would be if they were not on annual leave.

Annual Leave upon Termination of Employment – When employment ends, employees must be paid all remaining annual leave pay. All annual leave pay that is owed to an employee must be paid on their last pay cheque. If an employee works for less than a year, they need to be paid 4 percent annual leave pay. Employees who are employed for 5 calendar days or less are not entitled to be paid annual leave pay. Employment Standards Act, § 57-58.

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 weeks of unpaid leave 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 to leave, and if required by the employer should be accompanied by a medical certificate from a medical practitioner or nurse practitioner.

If an employee on maternity leave proposes to return to work earlier than 6 weeks after giving birth to the child, the employer may require the employee to give the employer a medical practitioner or nurse practitioner’s certificate stating the employee is able to resume work. Employment Standards Act, § 50.

Employees are entitled to parental leave of up to 61 consecutive weeks of unpaid parental leave immediately after their maternity 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 parental 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 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. The leave begins after the date on which the medical certificate is issued or on the date that leave began if such leave began before the date the certificate was issued.

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 leave shall be taken during the period that starts on the date the child disappears and ends on the date that is 53 weeks after the date the child disappears. 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 leave shall be taken during the period that starts on the date the child dies or on the date the child is found dead, in the case of the child disappearing before the death. And, shall end on the date which is 105 weeks after the date of death of the child as applicable. 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 working days and 5 unpaid working days of leave if they or their dependents are victims of domestic violence. 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 domestic or sexual violence; or
    • Any prescribed purpose.

If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof in the circumstances that the employee is entitled to the leave. Employment Standards Act, § 52.5. 

An employee is entitled to 36 weeks of unpaid leave to provide care or support to a critically ill family member below the age of 19 and, 16 weeks of unpaid leave for critically ill family members who are 19 years of age or older.

The leave shall begin on the first day of the week in which a medical certificate was issued with respect to the critically ill family member, or on the the first day of the week in which the baseline state of health of the family member significantly changes and the life of the family member is at risk as a result of an illness or injury.

A leave shall end on the last day of the week in which the earlier of the following occurs:

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

A leave of absence shall be taken in periods of one or more weeks. If an employee takes leave and, at the expiration of 52 weeks of leave, the life of the family member remains at risk as a result of the illness or injury, the employee may take a further leave after obtaining a new certificate to apply for further leave. Employment Standards Act, § 52.11.

–

An employee is eligible for 4 consecutive hours paid off from work for the purpose of voting. An employer does not have an obligation to provide time off of work where the required number of consecutive hours falls outside an employee’s hours of work and within the voting hours. Election Act of BC, § 74.