Statutory holiday pay for BC restaurant staff: who qualifies and how to work out the pay

Statutory holidays are often busy for a restaurant and expensive on payroll, and mistakes are common. British Columbia's Employment Standards Act sets the rules, and the Province publishes them. This guide covers the basics for an owner who is setting up payroll for a long weekend. It summarizes public sources and is not legal advice. For your own case, check the Employment Standards Branch's guidance or call them.

Which holidays are statutory in British Columbia?

The Province lists eleven general holidays:

1. New Year's Day.
2. Family Day, the third Monday of February.
3. Good Friday.
4. Victoria Day, the Monday before 25 May.
5. Canada Day, 1 July.
6. B.C. Day, the first Monday of August.
7. Labour Day, the first Monday of September.
8. National Day for Truth and Reconciliation, 30 September.
9. Thanksgiving, the second Monday of October.
10. Remembrance Day, 11 November.
11. Christmas Day, 25 December.

Easter Sunday, Easter Monday and Boxing Day are not statutory holidays in British Columbia. If you employ people in Ontario as well, note that Ontario's list is different.

Who qualifies for statutory holiday pay?

Guidance on the Act sets two tests. The employee must have been employed for at least 30 calendar days before the holiday, and must have worked or earned wages on 15 of the 30 days before the holiday. Paid vacation days and other statutory holidays count toward the 15 days. Employees working under an averaging agreement are treated differently and do not need to meet the 15-day test.

A new hire will not qualify until they have passed the 30 days, so keep a start-date record.

How is an average day's pay worked out?

The Act's section 45 describes the pay as an average day's pay. Guidance explains it as the total wages for the 30 calendar days before the holiday, excluding overtime pay, divided by the number of days the employee worked in that period. The calculation includes vacation pay for vacation taken in that period. Tips and gratuities are not counted as wages, so they do not form part of the average.

For a server with a low hourly wage and high tips, the average day's pay is based on the wage only.

What do staff get when they work on a statutory holiday?

A qualifying employee who works on the day receives their average day's pay plus premium pay for the hours worked. Premium pay is one and a half times the regular wage for time worked up to twelve hours, and double the regular wage for time beyond twelve hours. An employee who does not qualify for statutory holiday pay and works the day is paid at the regular rate, with the usual overtime rules.

Can staff and employers agree to move the day?

The Act allows some arrangements by agreement, for example moving a holiday for a group of employees. Get any agreement in writing, and check the Employment Standards Branch's guidance first, since an agreement that gives less than the Act is not valid.

What about salaried staff and managers?

Salaried employees who qualify get their holiday without a pay reduction. Some managers are excluded from certain parts of the Act, such as hours of work and overtime, but the exclusions are narrow and depend on the job's actual duties, not the title. Ask before you assume.

Should you charge a holiday surcharge?

Some restaurants add a surcharge on statutory holidays to help cover premium pay. If you do, state it on your menu, booking page and bill before the customer orders. It belongs to the business, and it is not a gratuity unless you pay it to staff.

How should you plan payroll for a long weekend?

1. Mark all statutory holidays on your schedule at the start of the year.
2. Decide which days you will open, and tell staff early.
3. Calculate the average day's pay for staff who will be off.
4. Calculate the premium for staff who will work.
5. Check recent hires against the 30-day and 15-day tests.
6. Keep your calculations with the payroll records.

What are the common errors?

• Including tips in the average day's pay.
• Forgetting that other statutory holidays count toward the 15 days.
• Using the wrong period for the average.
• Not paying the premium for hours beyond twelve.
• Treating a new hire as eligible, or an eligible employee as not.

What if a mistake has been made?

Employees can file a complaint with the Employment Standards Branch, which can order payment. Correct errors quickly and keep a record of what you changed.

More guides for your business:

• The Accessible BC Act and your restaurant website: what applies today and what to do anyway
• How to open a restaurant in BC: permits, licences and the order to get them (2026)
• WorkSafeBC for restaurants: registering, first aid and keeping your kitchen safe

More in the Canadian guides for food businesses.