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On August 4, 2021 we issued a CSSEA Info addressing the National Day for Truth and Reconciliation, to be commemorated on September 30.
As mentioned, the BC government recognizes the importance of honouring a day for Truth and Reconciliation. The government advised all provincial public sector employers that they should recognize September 30 as a holiday on an interim basis while the province begins to engage with Indigenous partners and the business and labour communities to determine the most appropriate way to commemorate this day going forward. Since the issuance of the CSSEA Info, members have posed a number of questions to CSSEA staff, and this bulletin is intended to share the answers more broadly.
Must an employer close all its programs to commemorate this day?
Where employers are able, the government has advised that the Day should be recognized, including by closing their programs on September 30 as an interim measure this year.
Where programs are closed, what are employees to be paid?
Any regular full-time and part-time employees who are currently scheduled to work on September 30 would be given the day off with pay as is done for the other recognized statutory holidays. Any casual employees scheduled to work on September 30 would have the assignment cancelled without pay but would continue to be paid an amount in lieu of statutory holidays (see also below).
Where programs remain open, what are employees to be paid?
If programs must remain open (as with many in community living) then employees working on September 30 would be paid the usual premium rate (1.5x) for working on the holiday. In addition, regular status employees would receive another paid lieu day off in accordance with article 17.
If a regular employee is not scheduled to work on September 30 because it is their day off, are they to receive another day off with pay in lieu of the holiday? If not, are they to be paid for the day?
No. Regular full-time and part-time employees who would not normally be scheduled to work on September 30 would not receive another day off in recognition of the holiday. Nor would they be paid for the day. The holiday is intended to be commemorated only on September 30 this year.
What about the statutory holiday pay in lieu rates for part-time employees (article 17.11) and casual employees (article 30.5)? Are they to be adjusted to take into account another holiday?
Part-time and casual employees who are paid out an amount in lieu of statutory holidays in each pay period are paid the negotiated rates under the collective agreement and these rates are not to be adjusted at this time. These existing accrual rates remain in effect until the parties can address them in the next round of bargaining and once the legislative changes are enacted for 2022 by government following consultation.
What about the statutory holiday accrual rate that is paid to part-time employees who use a statutory holiday bank under article 17.11? If the rate is not adjusted, would they get the day off without pay?
These part-time employees who are either scheduled but given the day off, or who must work and receive a day off in lieu, should not suffer a loss of pay. For September 30 (or the lieu day as applicable), ensure that they receive the normal amount of pay that they would for a statutory holiday. As this would be a “once only” payment, there is no need to adjust the accrual rate.
If you have any questions, please contact your HRLR Consultant/Advocate.
Doris Sun
Director of Communications
604.601.3110
604.319.5010
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