Payroll and Benefits Guide Canada – British Columbia

Annual Leave (vacation)

In British Columbia, after the first 12 months of employment employees are entitled to 2 weeks of paid vacation per year. After 5 years of employment, employees are entitled to 3 weeks of paid vacation per year.

Vacation pay is at least 4% of all wages paid in the previous year. After the employee completes 5 years of employment, the employer must pay vacation pay of at least 6% of all wages earned in the previous year. Vacation pay must be paid at least 7 days before an employee starts their annual vacation time unless it has been agreed in writing to add it to the regular payroll instead.

PTO Carryover

Note:

• For Papaya Direct, this varies by province; it’s allowed if going above and beyond the minimums but the policy must be reviewed by HR. Employees cannot skip taking vacation time that is mandated by law. Vacation that’s over and above the minimum entitlements can be carried over as per client policy.
• For People2.0, there is no carryover.

Public Holidays

There are 10 public holidays in British Columbia. When public holidays fall on a weekend, it is customary to give off in lieu either the previous working day or next working day.

Sick Days

Sick leave entitlement in British Columbia depends on whether the employee falls under provincial or federal regulation, and whether they qualify for Employment Insurance (EI) sickness benefits.

• Regulated workers under the British Columbia Employment Standards are entitled to illness or injury job-protected leave of up to 5 days paid and 3 days unpaid within each calendar year. To qualify for this leave, workers must have been employed for at least 90 calendar days. Employers have the right to ask for reasonably sufficient proof of the need for this leave. More details and eligibility criteria can be found on the Government of British Columbia website.
• Federally regulated workers are entitled under the Canada Labour Code to receive up to 10 days paid sick leave per year. These 10 days paid sick leave is accrued during the year after an initial 30-day qualifying period of continuous employment has been completed. Following this qualifying period, workers earn the first 3 days of paid medical leave. Following this, workers earn 1 further day of paid sick leave at the start of each month after completing 1 month of continuous employment until a maximum of 10 days paid sick leave per year has been accrued. Any days of medical leave with pay that are not taken within the year will be carried over to the beginning of the new year up to a maximum of 10 days. More details and eligibility criteria can be found on the Government of Canada website.
• Regardless of jurisdiction, workers may also qualify for Employment Insurance (EI) sickness benefits, which are administered federally. These benefits are available to employees who are unable to work due to medical reasons and meet the eligibility criteria. EI sickness benefits provide 55% of average weekly earnings, up to 695 CAD per week, for a maximum of 26 weeks. To qualify, employees typically need 600 insured hours worked in the 52 weeks prior to illness and must submit a medical certificate. More information can be found on the Government of Canada website.

Maternity Leave

In Canada, Maternity and Parental leave rights are set out through the nationwide Employment Insurance (EI) program, which is applied across all provinces and entitles eligible mothers to take up to 15 weeks of maternity leave with income support. For Federally regulated employees and industries, up to 17 weeks maternity leave can be taken. During this period, eligible employees will receive maternity benefits equal to 55% of their earnings, up to a maximum of 695 CAD per week. To receive this benefit, workers must provide a certificate from a healthcare practitioner confirming the pregnancy. For further guidance and eligibility criteria, refer to the Government of Canada website.

In addition to EI, each individual province sets their own set of employment standards that determine the full available leave entitlements for parents.

In British Columbia, mothers are entitled to up to 17 consecutive weeks of unpaid maternity leave. Leave must begin on or before the date the baby is born and cannot start earlier than 13 weeks before the expected birth date. Following the birth, at least six weeks of leave must be taken. If the employee is unable to return to work for reasons related to childbirth, the leave can be extended for six weeks (for a total of 12 weeks). Employees must submit a written request to their employer at least four weeks before taking maternity leave. More information and eligibility criteria can be found on the Government of British Columbia website.

Following the completion of the maternity benefits, mothers can go on to take Parental Leave.

Paternity Leave

Paternity leave falls under the parental leave entitlement.

Parental Leave

In Canada, Parental leave benefits are available to parents of a newborn or newly adopted child through the nationwide Employment Insurance (EI) program, which is applied across all provinces. Parents can choose between 2 options:

1. Standard parental benefits – up to 40 weeks leave shared between parents, but one parent cannot take more than 35 weeks, with pay equal to 55% of their earnings, up to a maximum of 695 CAD per week. This leave must be used within 52 weeks of the birth.
2. Extended parental benefits – up to 69 weeks leave can be shared between parents, but one parent cannot take more than 61 weeks, with pay equal to 33% of their earnings, up to a maximum of 417 CAD per week. This leave must be used within 78 weeks of the birth.

The Parental leave period does not have to be taken consecutively but must be within the above mentioned timeframe. Further information and eligibility criteria can be found on the Government of Canada website.

In addition to EI, each individual province can set their own set of employment standards that determine the full available leave entitlements for parents. In British Columbia, employees can take up to 62 weeks of unpaid parental leave with both parents able take one full period of parental leave. Parental leave can begin at any time within 78 weeks of a baby being born or a child being placed. It can be extended by up to 5 weeks if the child needs more care due to a physical, psychological, or emotional condition. An employer may ask for proof that an employee is entitled to parental leave or an extension of parental leave. More information and eligibility criteria can be found on the Government of British Columbia website.

Other Leave

Bereavement Leave

This leave is in place for workers whose family member has died. There are two support systems; the system that applies depends on if the worker falls under a federally regulated sector or under the provincial sector:

• Workers regulated under the British Columbia Standards are entitled to take up to 3 days of unpaid leave if an immediate family member dies. This leave does not have to be taken as consecutive days, does not need to be for attending a funeral and does not have to start on the date of the death.
• Federally regulated workers under the Canada Labour Code are entitled to up to 10 days of job protected bereavement leave following the death of an immediate family member. This leave can be taken within 6 weeks of the death. The first 3 days of this leave will be paid if the worker has completed 3 months of continuous employment.

Family Responsibility Leave

Employees have the right to take up to 5 days of unpaid Family Responsibility Leave each employment year (an employment year begins on the date the employee started work) to help with the care, health, or education of a child under the age of 19 in their care. An employee can also ask for this type of leave to care for the health of any other member of their immediate family. Family responsibility leave does not accumulate from year to year.

Compassionate Care Leave

This leave is in place for workers who need to care for gravely-ill family members, with significant risk of dying. There are two support systems in place which can both be applied to workers:

• Under Canada’s Federal Employment Insurance (EI), eligible employees are entitled to take up to 27 weeks of unpaid compassionate care leave within a 52-week period to care for a family member who is terminally ill (the 52-week period starts on the Sunday of the week that the certificate is given or from the Sunday of the week that the employee first takes leave). The employee must request the leave from their employer but do not have to make the request in writing or give advance notice. Employees must obtain a medical certificate that states the family member has a serious medical condition and is at risk of death within 26 weeks.
• Under the British Columbia’s Employments Standard, eligible employees who have been employed for at least 90 days can take up to 27 weeks of leave to care for gravely-ill family members (which exceeds the EI leave length by one week). Employees must give their employer a medical certificate for the ill family member and, where possible, must give written notice at least 2 weeks before the start date of their leave.  Notice must include the estimated date of the employee’s return to work. This leave is unpaid, but workers might still be eligible to receive income support under the EI.

Critical Illness Leave

This leave is in place for workers who need to care for a critically ill or injured family member. There are two support systems in place which can both be applied to workers:

• Under the British Columbia Employment Standards, eligible employees can take up to 36 weeks to care for a child and up to 16 weeks to care for a family member over the age of 19. who have been employed by their employer for at least six consecutive months can take unpaid critical illness job-protected leave of up to 37 weeks in relation to a critically ill minor child, or 17 weeks in relation to a critically ill adult within a 52-week period. Employees must give their employer a qualified health practitioner issued certificate stating stating who is ill and the period that support will be required. Whilst this leave is unpaid, workers might still be eligible to receive income support under the EI.
• Under Canada’s Federal Employment Insurance (EI), eligible employees who have at least 600 insured hours of work in the 52 weeks before the start of the claim or since the start of their last claim (whichever is shorter) is entitled to caregiving leave of either 35 weeks to care for a child under 18 or 35 weeks to care for an adult family member. There might also be eligibility for income support equal to 55% of earnings, up to a maximum of 695 CAD per week.

Additional Leave

Under the Canada Labour Code and British Columbia Employments Standard other types of leave are also regulated including Covid Leave, Reservist Leave, Jury Leave, Domestic or Sexual Violence Leave and Death or Disappearance of a Child Leave.