Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Act Part 6 - Leaves and Jury Duty

Policy Interpretation

Jury duty is a statutory requirement, not something that may or may not be granted at the discretion of the employer. It is an unpaid leave, unless the employer and employee agree otherwise.

Terms and conditions of employment protected

Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. See also s. 56 for an explanation of the effects of leave under this Part on employment and benefit payments.

In the event of a contravention under this Part of the Act, the director may apply a remedy under s.79(2). The determination issued under s.79(2) will include an escalating monetary penalty, subject to s.98.

Employees covered by a collective agreement

Under the provisions of s.3, parties to a collective agreement are prohibited from giving up the specific employment protection provided in Part 6. Employers, employees and unions may not negotiate terms and conditions that do not meet the standards set out in this Part of the Act, or Part 6 will be deemed to be incorporated into the collective agreement.

Under s.3(7) of the Act, where there is a collective agreement, the enforcement of matters relating to Part 6 is through the grievance procedure, not through the enforcement provisions of the Act.

ESA
• s 1, Definition, “conditions of employment”
• s.3, Scope of the Act
• s. 54, Duties of employer
• s.79(2), Determinations and Consequences
• s.126(4)(b), Evidence and burden of proof