All references are to the Employment Standards Code, RSA 2000 c E-9, unless noted otherwise.
|HOURS OF WORK||Hours of work confined within 12
consecutive hours in one day 16(1) unless:
If hours of work to be extended, must be increased only to
extent necessary "to avoid serious interference with the
ordinary working of a business, undertaking or other
|EATING PERIODS||N/A (See Rest Period Below)|
|REST PERIODS||30 minutes of rest, paid or unpaid,
during each shift in excess of 5 consecutive hours of work:
At least 19(1):
At least 4 consecutive days of rest after each 24 consecutive
work days 19(2).
|OVERTIME||Overtime threshold is 8 hours on each
work day: 21(a) or 44 hours weekly (b), whichever is greater.
Employer must pay overtime at least one and one-half times regular
rate for each hour in excess of threshold: 22(1). Does not apply if
employee or employer entered into an overtime agreement:
Employee or majority of group of employees may enter into an overtime agreement 23(1) as part of a collective agreement 23(1)(a), or if there is no collective agreement, in a written agreement between the employer or group of employees and the employer (b), providing time off in lieu of overtime pay.
An overtime agreement must be provided to each employee affected: 23(3) and include at least the following provisions 23(2):
If employee is paid wholly on commission or incentive,
employee's wage rate for calculating overtime is the minimum
wage prescribed by regulation: 24(1).
Certain types of jobs are specifically exempted from the overtime provisions by way of regulation. For example, a person whose work is supervisory or managerial in character, is an extra in a film, or person employed as counsellor at non-profit or charitable camp for children. See AR 14/971 s 2 for full exemptions.
|MINIMUM WAGE||Employers required to pay minimum
wage as prescribed by regulation AR 14/97 s9
As of September 1, 2013 general minimum wage rate is $9.95 per hour. AR 14/97 s9(a). There are exceptions to general rate for:
Certain jobs are also exempt from minimum wage requirements: i.e. registered architects, accountants, lawyers, regulated permit-holding health care practitioners. See AR 14/97 s 2(2) for full exemptions.
|EMPLOYMENT OF YOUTH||No individual under 15 to work
without parental consent: 65(2); no employment during normal school
hours for individuals who are required to attend school under the
School Act unless s.66 conditions complied with:
Conditions of child's employment - individual must be enrolled in an off-campus education program provided under the School Act: 66.
|HOLIDAY||Employees are entitled to holiday
with pay for: New Year's Day; Alberta Family Day; Good Friday;
Victoria Day; Canada Day; Labour Day; Thanksgiving Day; Remembrance
Day; Christmas Day and any other day designated by regulation as a
general holiday: 25
Employee eligible if worked 30 days or more for the same employer within 12 months before the holiday: 26(1)
Pay must be at least average daily wage: 28
If employee works a holiday, employer must pay either the average daily wage and at least 1.5 times the hourly wage rate; or the daily wage rate and one day's holiday before the next employee's annual vacation: 29
|VACATION||Employers required to provide at
least 2 weeks of vacation after each of first 4 years of
employment: 34(a), and 3 weeks after 5 consecutive years of
employment and each year after that 34(b)
Employer must give vacation in one unbroken period no later than 12 months after entitlement: 37(1).On employee request, vacation may be given in 2 or more periods as long as each vacation period is at least 1 day long: 37(2).
|LEAVES OF ABSENCE||MATERNITY - 15 weeks without pay
starting at any time during the 12 weeks immediately before the due
date 46(1), if employed for at least 52 weeks
prior to commencement: 45. Employees required to
give 6 weeks' written notice prior to leave:
47(1). If no prior notice given, employee still
entitled if within 2 weeks after taking leave, employer is provided
with a medical certificate: 48. Employer may give
written notice to employee to start leave if pregnancy interferes
with ability to perform duties: 49.
PARENTAL - 37 weeks if employee has taken maternity leave, 37 weeks if taking parental leave only, so long as employee has been employed for at least 52 weeks 50(1)(a) and (b), to begin within 52 weeks after child's birth; or in the case of an adoptive parent, after the child is placed with the adoptive parent for purpose of adoption 50(1)(c). Employer not required to grant simultaneous leave to employees as parents of same child and employed by same employer 50(3).
Employees are required to give 6 weeks' written notice prior to the leave, or written notice at the earliest possible time if (a) the medical condition of the birth mother or child makes it impossible to comply; or (b) the placement of the adoptive child was unforeseeable: 51(1) & (2)
RESERVIST - Employee entitled to leave without pay, after six months of employment, if a reservist to take part in the following activities: 53.2(1)
Employee must provide 4 weeks' written notice including the
estimated date of resuming work or the actual date of resuming
|TERMINATION/SEVERANCE||Written notice of termination
required after 3 months of employment 54. Notice
requirement is: 56
Instead of termination notice, employer may pay employee
termination pay of the amount equal to wages if employee worked
during the notice period 57(1). Or give a
combination of termination notice and termination pay
57(2). If wages vary, the average wages for the 3
month period preceding termination date is used to determine
termination pay 57(3).
If employee fails to return within 7 consecutive days of being requested in writing by the employer, the employee is not entitled to termination notice or termination pay if the employer terminates employment: 64(1), subject to collective agreement with recall rights 64(2).
|EXEMPTIONS||Certain categories of employees are
exempt from the provisions of the Act related to hours of work,
overtime and records. These categories are prescribed by regulation
AR 14/97 s 2, and are:
(1) (a) employees employed in
(i) supervisory capacity
(ii) managerial capacity, or
(iii) capacity concerning matters of confidential nature
(b) a salesperson who is entitled to receive all or any part of his or her remuneration as commissions in respect of offers to purchase or sales that, (i) relate to goods or services, and (ii) are normally made away from the employer's place of business.
(2) Registered and regulated members and practitioners of:
(b) Accountant or student in training
(g) professional engineering or student in training
(h) law or student-at-law
(o) IT professional
Certain categories of employees are exempt from the provisions of the Act related to vacation. These categories are prescribed by regulation AR 14/97 s 4, and are:
There are special rules/exemptions for farm or ranch employees AR 14/97 1.1
1. Employment Standards Regulation, Alta Reg 14/1997