In 2011, Christmas Day and New Years Day both fall on a Sunday. What this means is that if an employee is eligible (has worked for the company more than a month and worked 15 of the 30 days prior to the statutory) they are entitled to recompense.

If the staff member works on the Christmas Day or New Years Day they are entitled to time and a half and an extra days pay.

If the staff member doesn't work on the holiday then they are entitled to an average days pay (see BC Employment Standards Fact Sheet for more information).

Substituting one day for another:

Many business owners will make arrangements to substitute another day for the statutory holiday. For more information on how to properly make those arrangements please see the information highlighted below.

An employer, with the agreement of an employee, or the majority of the employees, as the case may be, may substitute another day off for a statutory holiday. An agreement between an employer and one employee is permissible.

In the case of more than one employee, the majority of the affected employees must agree to the substitution. A majority means more than 50% of those employees affected. Employees' wishes must be determined by democratic means and a written record must be kept of the decision-making process for two years.

For more details on these regulations and information on how to calculate an average days pay, give us a call at 1-888-234-2232 or visit the Employment Standards Branch Factsheet on Statutory Holidays