Employment Standards Act The Basics

The Purpose of the E.S.A. sets out the minimum standards that apply in most workplaces in British Columbia applies to all non-union employees who fall under provincial jurisdiction, including temporary foreign workers

Minimum Wage in BC $10.85 per hour

They must be paid for at least 2 hours What should happen when a worker reports to work for a 4 hour shift to find it is not busy and is sent home? They must be paid for at least 2 hours

They are paid for the time they actually worked. What should happen when a worker report to work but is too sick to work? They are paid for the time they actually worked.

When is an employee entitled to a meal break? After more than 5 hours in a row, they must have a 30 minute unpaid meal break If they are required to work or be available for work during the meal break they must be paid.

Are employers required to give coffee breaks? No

An employee making $10 per hour work 11 hours for a scheduled 8 hour shift. How much money should he be paid for that day? Regular Time and a Half Total 8 x $10 3 x 1.5 x $10 $80 + $45 = $125

An employee making $10 per hour work 15 hours for a scheduled 8 hour shift. How much money should he be paid for that day? Regular Time & a Half Double Time Total 8 x $10 4 x 1.5 x $10 3 x 2 x $10   $80 $60 $200

Summarize Uniforms and Special Clothing section of the E.S.A. Clothing with a company logo or clothing that the business sells is a uniform. The employer must provide it, clean it, and maintain it.

How can an employee qualify for statutory holiday pay? They must have worked for the employer for at least 30 calendar days and have worked on at least 15 of the 30 days before the holiday.

What should happen if an employee is fired without just cause? After 3 months they must be given one week’s notice or severance pay. After 12 months they must be given 2 week’s notice or severence pay. After 3 years they must be given 1 week’s notice for each completed year or the equivalent severance pay to a maximum of 8 weeks.

Summarize 3 types of leave. Pregnancy leave – up to 17 consecutive weeks unpaid; may be extended by up to 6 weeks if unable to return because of birth or termination of pregnancy Parental leave – mother can take up to 35 - 37 consecutive weeks unpaid depending upon whether she has taken pregnancy leave; a birth father or adopting parent can take up to 37 unpaid weeks of leave, and that can be extended by up to 5 weeks.

Leaves (continued) Family responsibility leave – up to 5 days unpaid each year to take care of their child or immediate family member. Compassionate Care leave – up to 8 weeks of unpaid time within a 26 week period; to take care of a gravely ill family member. Bereavement leave – up to 3 unpaid days on the death of immediate family member.

Leaves (continued) Jury duty – unpaid leave for the duration Reservists’ leave – unpaid leave while deployed to a Canadian Forces Operation

Speak to your employer. If this doesn’t work, use the Self-help Kit. Summarize what you should do if you think you are owed money for a shift when you were sent home early. Speak to your employer. If this doesn’t work, use the Self-help Kit.

www.labour.gov.bc.ca/esb/ . Questions? Phone 1-800-663-3316 (toll-free in BC), or 250-612-4100 (out of province or within Prince George area). Forms, factsheets and additional information are available online at: www.labour.gov.bc.ca/esb/ .