British Columbia Labour Laws (2025 Guide)

What’s New in 2025

• Minimum wage increase

Overview of Labour Law in British Columbia

Federal vs. provincial jurisdiction

Some industries and workplaces in British Columbia are federally regulated and governed by the Canada Labour Code and not British Columbia (BC) employment rules. In the private sector, federally regulated employers include air transportation, banks, and telecommunications companies. For a full list, see the Government of Canada website.

This guide applies to provincially regulated employees in British Columbia who don’t fall under federal regulations, unless otherwise noted.

Key employment legislation

The key legislation for British Columbia employment law is the Employment Standards Act (ESA), which covers wages, working hours, employment of children, time off, and rules regarding termination of employment. The Employment Standards Board and the Director of Employment Standards are responsible for enforcing the ESA. Employers must inform each employee of their rights under the ESA or make this information available in an approved manner, such as by displaying the director-approved poster.

The Government of British Columbia provides official information about employment standards and law on its website.

Wages and Pay Rules

Minimum wage

The current minimum wage in British Columbia (BC) is $17.85/ hour. 

The BC minimum wage is adjusted each year on 1 June in line with the BC All-Items Consumer Price Index (CPI) and published online. If the CPI falls, the minimum wage remains the same as it was for the preceding 12 months.

Employers must pay the minimum wage to most employees, including salaried employees and those paid on a commission and incentive basis. Tipped employees, including liquor servers, must receive at least the minimum wage in addition to any tips they get.

However, BC minimum wage rules are different for some types of employment:

Overtime pay

For most employees, overtime hours are hours worked over 8 hours/day or 40 hours/week. Employers must pay: 

• 1.5 times the regular rate for all overtime hours worked up to 12 hours/day. 
• 2 times the regular rate for any hours above 12 hours.

Separate overtime pay rules exist for employees working under a valid averaging agreement that allows their working hours to be averaged over 1–4 weeks. Employers must pay these employees 1.5 times the regular rate for any time worked over an average of 40 hours/week across the employee’s pay period.

Overtime rates are also required under averaging agreements when employees work more than their daily scheduled hours:

• If scheduled fewer than 8 hours: 1.5 times the regular pay for hours worked over 8 hours.
• If scheduled 8+ hours: 1.5 times the regular pay for hours worked over the number of hours scheduled.
• 2 times the employee’s regular rate for any time worked over 12 hours/day.

Upon an employee’s written request, employers may pay overtime wages into a time bank. Employees can request all or part of their overtime earnings from their time bank, use the credited overtime wages to take paid time off (the employer and employee must agree to the exact time off), or close it at any time.

Collective agreements in place that contain requirements that meet or exceed the requirements above will replace the applicable rules. 

The following types of employees may be exempt from overtime pay:

• Managers.
• High-technology professionals.
• Commissioned salespersons.
• Licensed professionals.
• Farm workers and piece-rate employees.
• Live-in support workers.
• Students in training.

Statutory holiday pay

The BC Employment Standards Act (ESA) recognises the following statutory holidays:

• New Year’s Day.
• Family Day (BC).
• Good Friday.
• Victoria Day.
• Canada Day.
• British Columbia Day.
• Labour Day.
• National Day for Truth and Reconciliation.
• Thanksgiving.
• Remembrance Day.
• Christmas Day.

Employees eligible for statutory holiday pay who aren’t required to work on a statutory holiday must be paid an average day’s wages. This includes statutory holidays that fall on regular and scheduled days off.

An average day’s pay is calculated based on employee wages and the number of days worked in the 30 calendar days before the holiday: 

Employee wages ÷ Number of days worked = The employee’s statutory holiday pay

To be eligible for statutory holiday pay under the ESA, most employees must have been employed for 30 calendar days and earned wages or worked on at least 15 of those days. Employees working under averaging agreements must have worked any time in the 30 days preceding the holiday to be eligible.

Overtime pay is excluded from the statutory holiday pay calculation. However, other statutory holidays, paid vacation, and sick days count toward the number of days worked.

Working on statutory holidays

Eligible employees who work on statutory holidays must receive 1.5 times their regular pay. If they work more than 12 hours on a statutory holiday, the rate increases to 2 times regular pay for any hours exceeding 12 hours. This is in addition to their statutory holiday pay. 

Employees who don’t meet ESA eligibility requirements are paid their regular rate for working statutory holidays, as are employees who are exempt from ESA statutory holiday rules. Exempt employees include:

• Managers.
• Student nurses.
• Auxiliary or volunteer firefighters.
• Farm workers.
• Commercial fishers.
• High technology professionals.
• Commissioned salespeople.
• Certain silviculture workers.
• Certain car and truck salesworkers. 

A collective agreement may override these rules if its requirements meet or exceed those in the ESA. However, collective agreements can’t amend the BC law in relation to the National Day for Truth and Reconciliation.

Pay frequency and deductions

Employees must be paid twice a month, and pay periods can’t exceed 16 days. 

Additionally, employers must issue payment within 8 days of the end of each pay period, including any overtime or statutory holiday pay owed.

Employers can withhold or deduct employee wages only when: 

• They have the employee’s written request.
• The deduction is required by law, such as taxes.

Wage assignments (where part of an employee’s wages is paid to a third party) are allowed with an employee’s written request.

Working Hours and Rest Breaks

Standard work hours

The standard working hours are 8 hours/day and 40 hours/week. 

Employees must be given at least 8 hours free from work between each shift. However, this doesn’t apply in emergencies: unexpected circumstances where employees are needed to avoid a serious interference with the employer’s ordinary operations.

Employees must be given a minimum of 32 consecutive free hours each week or be paid 1.5 times their regular pay for work performed during the 32 hours they’re entitled to have off.

Employees working under averaging agreements are subject to different work hour rules, as explained in the “overtime pay” section above.

Meal and rest breaks

Employees must have an unpaid meal break of at least 30 minutes after working for 5 consecutive hours. If an employee must be available to work during their meal break, the break counts as time worked and must be paid.

Split shifts

Maximum hours apply to split shifts where the employees’ work is performed across 2 or more periods in 1 day with an unpaid break in between (for example, working a breakfast shift and then returning later to work the dinner shift).

For split shifts, the time from starting the first shift to finishing the last shift can’t be longer than 12 hours, including all breaks.

Minimum daily pay

In some circumstances, employers must pay employees a minimum amount when they report to work for a scheduled shift but are sent home early or without working at all. 

If an employee starts work but can’t continue for a reason beyond their control, they’re entitled to receive minimum daily hours pay or payment for the time they worked—whichever is the most.

Minimum daily hours pay is usually: 

• 2 hours at the employee’s regular wage for shifts scheduled for less than 8 hours.
• 4 hours at the employer’s regular wage for shifts scheduled for more than 8 hours.  

When work is suspended because of reasons completely beyond the employers’ control (including unsuitable weather), employees must be paid for at least 2 hours. 

Employees who ask to leave, are unfit to work, fail to meet WorkSafeBC health and safety regulations, or fail to comply with their duties under the Workers Compensation Act aren’t entitled to minimum daily hours pay.

Employers may not have to pay minimum daily pay if the employee’s pay is governed by another agreement, such as a written variance.

Leave Entitlements

The Employment Standards Act (ESA) entitles employees to various types of leave that employers must grant.

Vacation leave

Employees must take a minimum amount of annual vacation based on their length of continuous employment:

• After 12 consecutive months: Minimum 2 weeks. 
• After 5 consecutive years: Minimum 3 weeks.

Employers must pay employees vacation pay while they’re off work on annual vacation.

During an employee’s first 5 years’ employment, the minimum vacation pay is 4% of all wages they received in the previous year. After 5 years’ employment, this rises to 6%. 

Vacation pay must be paid no later than 7 days before an employee takes vacation leave. However, employees may make a written agreement with their employer to receive their vacation pay with their regular pay.

Other ESA rules are:

• If a vacation leave runs over a statutory holiday, entitled employees may get statutory holiday pay, but it doesn’t entitle them to an additional day off.
• Employees must take their vacation leave within the 12 months that follow the year of employment that entitles them to the time off. 
• Vacation leave is typically given in 1-week periods, unless the employee requests a shorter period of time.
• Employees aren’t permitted to not take their vacation time and receive vacation pay.
• Allowing employees to take vacation days in advance is at the employer’s discretion.
• Employers can require employees to take vacation leave at times that align with business needs.
• In the event of staff shortages, employees can cancel an employee’s scheduled vacation leave.

A collective agreement may replace ESA requirements if its provisions meet or are more generous.

Sick leave and personal emergency leave

Employees who’ve been employed for 90 consecutive days can take up to 5 paid days of illness and injury leave and 3 additional days of unpaid leave per year. Employers may request reasonable proof that an employee is entitled to leave.

Where entitled, employees receive an average day’s pay for each day of illness and injury leave.

Maternity leave

Pregnant employees are entitled to 17 consecutive weeks’ unpaid leave, regardless of the duration of their employment. Upon return, employees must be given the same or a comparable role with the same pay and benefits.

Employees must submit a request in writing at least 4 weeks before leave is to begin. The earliest maternity leave can begin is 13 weeks before the expected due date. When employees request maternity leave after giving birth, the employee’s maternity leave starts on the birth date.

Employees may request an additional 6 weeks’ leave if they’re unable to return to work when their leave ends for reasons relating to giving birth or a pregnancy ending.

Employers can ask for medical certificates to confirm: 

• Employees’ entitlement to maternity leave.
• That employees who return to work within 6 weeks of giving birth are fit to work.

Federal Employment Insurance (EI) benefits are available to eligible employees during maternity leave through Canada’s Employment Insurance (EI) program. These employees can apply through Service Canada.

Parental and family leave

Parental leave

Birthing and non-birthing parents are entitled to unpaid parental leave following the birth or placement of an adopted child.

Employees who give birth can take up to 61 consecutive weeks of parental leave. This must begin immediately after maternity leave, unless the employer and employee have agreed otherwise.

Employees who become parents without giving birth are entitled to up to 62 consecutive weeks’ unpaid leave, which must start within 78 weeks of birth or placement.

Employees may request this leave be extended for up to 5 weeks when their new baby or child has a physical, psychological, or emotional condition.

Requests for parental leave must be in writing and submitted at least 4 weeks before leave is to begin. Employers may request medical certificates when determining whether to grant parental and extended parental leave. Where both parents have the same employer, the employer isn’t obliged to grant them leave to be taken at the same time.

Following parental leave, employees are entitled to their previous, or a comparable, position.

Parental benefits are also available to parents of newborns and newly adopted children through Canada’s EI program. 

Family leave

All employees are entitled to up to 5 days’ unpaid family responsibility leave each year. 

Family responsibility leave can be taken for reasons relating to the care or health of employees’ immediate family members and the education of their children. Immediate family includes an employee’s:

• Spouse.
• Child.
• Parent or guardian.
• Child or parent of their spouse.
• Sibling.
• Grandparent.
• Grandchild.
• Any person who lives with the employee as a member of their family.

Critical illness or injury leave

Employees are entitled to unpaid leave to support and care for family members suffering life-threatening critical illness or injury.

Family members include immediate family members or members of a prescribed class in the Family Member Regulation, which includes family members of employees’ spouses and people who are like close relatives to the employee.

Employees may take up to 36 weeks’ leave within a 52-week period to care for a family member under the age of 19, and up to 16 weeks for a family member who’s 19 or older. Leave must be taken in full-week increments.

Employees who take this leave must get a certificate from a medical practitioner or nurse practitioner as soon as practicable. The certificate must state:

• That the family member’s health has significantly changed and their life is at risk.
• That the family member’s care or support needs can be met by someone who’s not a medical professional.
• The time period of the care or support.

If the family member’s life remains at risk at the end of the leave, employees can obtain a new medical certificate and take another leave.

Compassionate care leave

Employees may take up to 27 weeks’ unpaid leave to care for immediate family members at the end of their lives. To be entitled to this leave, an employee must provide their employer with a medical certificate stating that a family member has a significant risk of death within 26 weeks. Leave begins on the date the certificate is issued or the date leave started if it began before a certificate was issued.

Bereavement leave

All employees can take up to 3 days’ leave without pay on the death of an immediate family member.

Employees are entitled to up to 104 weeks of unpaid leave following the death of a child or the discovery of a missing child’s remains, unless they’re charged with a crime which resulted in their child’s death. 

Child disappearance leave

If an employee’s child who’s under 19 years old goes missing, and the disappearance is believed to be the result of a crime, the ESA provides up to 52 weeks’ unpaid leave. Leave starts on the date of the disappearance and ends on the earliest of the following dates:

• 14 days after the child is found alive.
• When it becomes understood that the disappearance isn’t due to a crime.
• The date that the child is found deceased.
• An end date agreed on between the employee and employer.
• The date that the employee is charged with a crime that resulted in the disappearance. 

Domestic violence leave

The ESA entitles employees to up to 5 days’ paid leave and an additional 5 days’ unpaid leave if they or an eligible person experiences domestic or sexual violence. “Eligible person” means the employee’s:

• A dependent child (biological child, adopted child, or child under the employee’s day-to-day care).
• An adult 19 or older who’s unable to care for themselves and is the child’s parent or former guardian.
• Any other person allowed by ESA regulations.

This leave can be taken:

• To obtain medical attention.
• To obtain social services and psychological or other professional counselling.
• To move or help an eligible person move home.
• To help or seek assistance from law enforcement and legal professionals.

Employees can take up to 15 additional weeks’ unpaid leave when needed. 

This leave doesn’t have to be taken all at once and is available to all employees, regardless of when they were hired. While advance notice isn’t required, employees must request this leave following the employer’s leave procedures. 

Employers are responsible for paying employees an average day’s pay for each day they’re on paid leave. An average day’s pay is calculated using the following formula:

Wages earned in the 30 calendar days preceding leave ÷ number of days worked

Employers can request information to support an employee’s request for leave.

Jury duty

Employers must give unpaid leave to employees summoned for jury selection process and jury duty. Terminating employment of employees who are called to court as jurors is unlawful. 

While employees are participating in jury selection and duty, employers must continue to make pension, medical, and other benefit payments for them. Time spent off work for jury selection and duty counts when calculating annual vacation entitlement and length of employment.

When jury duty finishes, employees are entitled to return to their former position or a comparable role.

Reservists’ leave

Employees can take unpaid leave in situations where they’re deployed to Canadian Forces operations outside Canada, engaged in pre- and post-deployment activity, and assisting Canadian Forces in the aftermath of an emergency.

Requests for reservists’ leave for deployment must be given in writing with at least 4 weeks’ notice, or as soon as practicable. When granted, leave lasts for as long as the deployment circumstances apply. 

Reservist employees are also entitled to take up to 20 days’ unpaid leave per year to undertake Canadian Forces training activities. Requests for training leave must be in writing and submitted 4 weeks in advance.

Types of Employment

Independent contractors and misclassification

Whether a worker is an independent contractor or employee for ESA purposes is based on ESA definitions and the nature of the working relationship. Job titles and terms used in work contracts are irrelevant. Indications that someone is an independent contractor include:

• Providing services to their own clients.
• Performing work that’s not in the employer’s usual core business.
• Supplying their own tools or equipment.

Employers that classify workers as independent contractors when they’re employees may be liable for unpaid ESA entitlements and escalating monetary penalties.

When determining a worker’s status for tax and EI obligations, the Canada Revenue Agency (CRA) looks at the nature of the working relationship and considers whether it’s more consistent with a contract of service or a contract for services. A contract of service means the worker is an employee.

Employers must pay taxes, make EI contributions, and pay into pension plans for employees.

If the CRA finds misclassification, it can order the payment of unpaid obligations, impose penalties, and issue tax reassessments.

Both workers and paying parties can ask the CRA for a ruling to confirm a worker’s employment status. 

Termination and Final Pay

Employers must comply with ESA notification requirements when terminating all employees, unless an exception applies. 

Notice and compensation requirements

Employees can quit their jobs at any time, and BC law doesn’t require them to give advance notice. When employees quit, they’re not entitled to any compensation, regardless of the length of employment.

Under the ESA, employers must give written working notice of termination, or dismiss the employee immediately and pay them compensation in lieu of notice. It’s possible to give a combination of both (for example, a week’s notice and a week’s pay).

The duration of notice and amount paid is based on how long departing employees have been employed:

• 0–3 months: No notice or pay required.
• 3 months–1 year: 1 week of notice or pay, or 1 week of combined notice and pay.
• 1 year–3 years: 2 weeks of notice or pay, or 2 weeks’ combined notice and pay.
• More than 3 years: 3 weeks of notice or pay, or 3 weeks’ combined notice and pay, plus an additional week for every year of employment above 3 years to a maximum of 8 weeks. 

Eligible employees are entitled to an average week’s pay, which is calculated based on their wages over the preceding 8 weeks. The calculation includes statutory holiday and vacation pay, but not overtime earnings.

A collective agreement can replace ESA requirements where it meets or exceeds it.

Mass layoffs

When 50 or more employees in 1 location are due to have their employment terminated within 2 months, the employer must notify them, along with any relevant trade unions and the Minister of Labour, in writing. Notices must state:

• The number of employees who’ll be affected.
• The expected dates of termination.
• Reasons for the group termination.

Notices of group termination must be given at least 8–16 weeks in advance of the first termination, depending on the number of employees it’ll affect:

• 50–100 employees: 8 weeks.
• 101–300 employees: 12 weeks.
• 301+ employees: 16 weeks.

If notice is given late or not at all, the employer must pay group termination pay. This is in addition to individual compensation under the ESA or a valid collective agreement.

Temporary layoffs

Employees are considered temporarily laid off when they’re given no work, or when their earnings drop to less than 50% of their usual average weekly wage (this is calculated over the previous 8 weeks). Temporary layoffs can occur only when layoffs are a normal part of the industry and one of the following is met:

• The employer informs the employee of the temporary layoff in advance.
• The employee agrees to being temporarily laid off.
• The layoff is part of an employment contract.
• The layoff is for no more than 13 weeks in any 20-week period.

Employers must consider laid off employees as still employed for the purposes of any benefits and entitlements they’re entitled to.

An employee not returning to work when recalled following a layoff can be treated as a termination of employment, and if a layoff reaches the maximum length, the Employment Standards Branch may deem employment has ended. In both cases, the standard termination rules apply.

Exemption from notice and termination pay

Employees exempt from written notice, individual compensation, and group termination pay are:

• Casual or on-call employees who work for temporary periods, who can reject work without penalty.
• Employees hired for specific work to be finished within 12 months.
• Employees whose contracts become impossible to perform due to unforeseen events.
• Construction site workers employed by construction companies.
• Employees who refuse reasonable alternative work.

Employees exempt from only written notice and individual compensation are:

• Teachers employed by a board of school trustees.
• Seasonal workers covered by an eligible collective agreement.

Employees exempt from only group termination pay are:

• Employees who refuse alternative work through a seniority system.
• Workers terminated as part of a normal seasonal closure.
• Employees who fail to return to work within a reasonable timeframe after being recalled from layoff.

Final pay

When an employer terminates employment, they must pay all wages, including unused vacation and any statutory holiday pay, within 48 hours. 

When the employee terminates employment, the employer has 6 days to pay all owed wages.

Workplace Health and Safety

Employers in BC must abide by the rules laid out in the Occupational Health and Safety Regulation (OHSR) and the Workers Compensation Act (WCA). These acts are enforced by WorkSafeBC, which also insures employers and handles employee workplace injury and illness benefits.

All employers in BC have the duty to:

• Maintain safe workplaces.
• Protect workers from workplace dangers.
• Establish health and safety policies.
• Provide health and safety training.
• Ensure workers are aware of any health or safety hazards of their work.
• Provide protective equipment.
• Make the WCA and OHSR available for workers.
• Report workplace injuries and illnesses requiring medical treatment to WorkSafeBC.
• Immediately report serious injuries and workplace deaths.
• Investigate health and safety incidents when required.
• Pay insurance premiums, which fund the compensation system for injured and ill workers.

OSH Regulations and the WCA give workers in BC important health and safety rights, including the rights to:

• Participate in health and safety activities in the workplace.
• Be warned of workplace hazards.
• Refuse unsafe work without fear of retaliation.
• Report unsafe working conditions anonymously.
• Claim compensation for work-related injuries or illnesses.

Recordkeeping Requirements

The WCA and OHSR require employers to make and keep various records. Some industries have more recordkeeping responsibilities than others due to their activities. Here are the key records that most employers must keep:

Workplace Rights and Protections

Human rights and anti-discrimination

BC’s Human Rights Code protects employees by making it unlawful for employers to discriminate based on the following characteristics:

• Indigenous identity, race, colour, ancestry, and place of origin.
• Sex, including sexual orientation, pregnancy, gender identity and expression.
• Sexual orientation.
• Physical or mental disability.
• Age.
• Marital or family status.
• Criminal conviction unrelated to employment.
• Political belief.
• Religion.

Employees have the right to file a complaint with the BC Human Rights Tribunal if their employer violates any other part of the BC Human Rights Code.

Harassment and violence policies

Employers in BC have a duty to minimise workplace bullying, harassment, and violence. Employers must: 

• Conduct a risk assessment of workplaces that pose a risk of violence to workers.
• Establish policies, procedures, and work arrangements to eliminate identified risks of violence.
• Develop policies addressing workplace bullying and harassment.
• Implement reporting procedures.
• Have procedures for investigating incidents of bullying and harassment.
• Report and investigate improper activity and behaviour.
• Train employees on recognising and responding to workplace bullying, harassment, and violence.
• Annually review relevant company policies, procedures, and work arrangements.

Protections for vulnerable workers

Most rules under the ESA and the Human Rights Code discussed above generally apply to all employees, including foreign workers, children, and workers with disabilities. Some additional protections for vulnerable workers are discussed below. 

New and young workers

Any new or young employee must receive a health and safety orientation, plus training specific to their workplace, before they start work.

The minimum age for most employment in BC is 16, although employers may hire 14 and 15-year-olds for “light work” with written consent from the child’s parent or legal guardian. Hiring children this age for any other work requires permission from the Director of Employment Standards.

Under-16s are prohibited from employment in hazardous industries and undertaking hazardous work.

All employment of children under 14 requires the Director’s permission. The Director has the authority to set the conditions of employment that the employer must follow.

Sixteen through 19-year-olds are permitted to work in hazardous industries or perform hazardous work only if they’ve reached the prescribed age for the profession or work.

Persons with disabilities

Under the BC Human Rights Code, employers must accommodate the needs of employees with physical or mental disabilities to the point of “undue hardship.” 

This includes reasonable accommodations like flexible work locations, modified job duties, and the provision of assistive devices. Impractical and expensive accommodations may be deemed to impose undue hardship.

Government Resources and Support

Employers and employees can find further guidance on BC’s employment regulations and labour laws from the following resources:

• Employment Standards Branch: The ESA and Regulation
• WorkSafeBC: Workers’ Compensation guidance
• BC Human Rights Tribunal:  Human Rights Information and Complaints

Federal resources include:

• Canada Revenue Agency: Payroll Deductions
• Service Canada: EI and Parental Benefits
• Canadian Centre: Occupational Health and Safety

Disclaimer

The information in this guide is intended for general informational purposes only and does not constitute legal advice. Employment laws change frequently, and outcomes may vary depending on your specific circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. For guidance, consult the appropriate provincial labour authority or a qualified employment lawyer.