INTRODUCTION
Definition of an Employee
An employee is a person who does work for a wage or salary. However, not everyone who does work in exchange for money is considered an “employee”. Independent contractors, for example, perform a particular service for a price but are not considered employees.
For more information on the employer–employee relationship versus the payer-contractor relationship, see the Alberta Learning Information Service (ALIS) article Understand the Difference Between Employment and Contracting, available at http://alis.alberta.ca/pdf/cshop/contractor.pdf
Employee Rights
Employment standards fall under provincial jurisdiction. This means that different provinces may have different rules and standards for workers. There are also different standards if you work in a federally regulated industry, such as banking or radio. This pamphlet will cover employment standards for non-federal workers in Alberta.
The Employment Standards Code and Employment Standards Regulation ensure that employees in Alberta have certain minimum rights. These rights cannot be waived, even by agreement between yourself and your employer. You can always agree to have more rights than the minimum required by the Employment Standards Code, but any agreement to have fewer rights will be void.
For example, an agreement to be paid less than minimum wage would be void, but an agreement to be paid more than minimum wage would be enforceable.
General Employment Standards in Alberta
In Alberta, employees will generally have the right to:
Be paid minimum wage or greater
See sec. 9 of the Employment Standards Regulation for the current minimum wage
Be compensated for overtime hours (usually 1.5 times the employee’s wage or time off)
Be paid their full pay at least monthly
Receive holiday pay (for working on statutory holidays) and vacation pay
Take maternity or parental time off
Receive notice before being terminated
Receive notice before wage reduction
Be paid if injured on the job under the Workers Compensation Act
Know their schedule in advance
Not be discriminated against based on any of the protected grounds listed in the Alberta Human Rights Acts
The minimum rights may be different depending on the type of employment. For example, construction workers are entitled to vacation pay at a higher rate (6%) and there is no notice period required to end the employment relationship.
You and your employer might agree to rights that exceed the minimum standards. This is usually done in the form of an employment contract. You are fully entitled to enforce those rights, not just the minimum standards.
For example, if you both agree to 2 times your wage for overtime hours, instead of the minimum 1.5 times, your employer must pay the higher rate.
NOTE: If you are a member of a union, the terms of your collective bargaining agreement will have the rules of your employment. Consult your union shop steward for more information about the rules and terms of your collective agreement with your employer.
If you need help enforcing the terms of your contract or understanding what they mean, consider consulting a lawyer. Civil Claims Duty Counsel and Edmonton Community Legal Centre are available if you cannot afford a lawyer.
See the section Where Can I Get Help or More Information? at the end of this pamphlet for information about how to access these resources.
HOURS OF WORK AND SCHEDULING
Your employer cannot require you to work more than 12 hours in any 24-hour period unless there is an emergency. There are some exceptions if your employer has a permit for extended work hours.
Your employer should notify you of your work hours by posting a schedule with the start and end time to each shift in an area where you can see it. Any changes to your shift must be posted 24 hours before the change is to take place. Changes to shifts must also still allow for 8 hours of rest in between shifts.
Certain workers, such as managers and vehicle salespeople, are also exempted from the rules for hours of work and scheduling. They are listed in the Employment Standards Regulation, section 2(1).
Rest Periods
An employer must allow you:
One full day of rest in each 7-day period
You may agree to work up to 24 days in a row, at the end of which your employer must allow you at least 4 consecutive days of rest
At least 30 minutes of rest (paid or unpaid) within every 5 consecutive work hours and at least 8 hours of rest between shifts
Exception: if there is an emergency or it would not be reasonable to take a break, an employee may not get their rest period
OVERTIME
Generally, you must be paid overtime when you work more than 8 hours in a day or more than 44 hours in a single week. You will always receive the greater total of overtime hours from either calculation. See the examples below to understand the difference.
For example: you work six 10-hour days in a single work week → 60 hours total
If calculated per day:
10 hours/day = 8 standard hours + 2 OT hours
Total OT hours for 6 days = 12 hours
If calculated per week:
60 hours/week = 44 standard hours + 16 OT hours
Total OT hours for one week = 16 hours
The total is greater in the week calculation, so you would be paid for 16 hours of overtime
For example: you work three 10-hour days in a single work week → 30 hours total
If calculated per day:
10 hours/day = 8 standard hours + 2 OT hours
Total OT hours for 3 days = 6 hours
If calculated per week:
30 hours does not exceed the 44-hour minimum, so there would be no overtime hours
Total OT hours for one week = 0 hours
The total is greater in the daily calculation, so you would be paid for 6 hours of overtime
Amount of Overtime Pay
You must be paid at least one-and-a-half (1.5) times your regular wage for overtime pay (often called “time and a half”).
You may agree to take time off instead of being paid overtime. For every hour of overtime worked you will be entitled to 1 hour of time off. This is often referred to as “flex time” or “time in lieu”.
Time in lieu must be taken within 6 months after the pay period in which it was earned
The time off must be taken at a time that you would otherwise have worked (for example, if you don’t work weekends, you cannot take time in lieu over the weekend)
If you do not take time in lieu within 6 months, your employer must pay you for the overtime hours you worked
If you worked overtime hours and quit or get fired before taking this time off, your employer must pay you for the overtime
Averaging Arrangements
Your employer may require or permit you to work under an averaging arrangement, where your total hours worked are averaged over a certain period of time and overtime hours are calculated based on the average amount. The details of each arrangement—such as whether or not there will be daily overtime, the length of the averaging period, and scheduled hours—can be decided by your employer, but the weekly threshold is still 44 hours and the daily maximum is 12 hours (remember that some occupations like construction have different standards so their hours might be different).
For example, say the averaging period is 4 weeks and the daily OT threshold is 10 hours. In the first week, you work four 10-hour days and one 12-hour day. That week, you have earned 2 OT hours. In the second, third, and fourth week, you work five 10-hour days. In those weeks you have not earned any daily OT hours. At the end of the 4-week averaging period, all of your hours will be added up and divided by 4 to calculate the weekly average. In this case, you worked a total of 202 hours over 4 weeks, which works out to a weekly average of 50.5 hours per week. Therefore, you have earned 6.5 hours of overtime per week.
The rule that you will receive the greater total of overtime hours still applies. In this case, over the 4-week period you have earned 2 OT hours by the daily calculation, and 26 OT hours (6.5 OT hours per week times 4 weeks) by the weekly calculation. Therefore, you would be paid for 26 hours of overtime. If your employer paid any daily overtime in advance (for example, if they paid you for the 2 overtime hours you worked in the first week), that amount will be deducted from the payout at the end of the averaging period.
Exemptions from Rules for Hours of Work and Overtime Pay
Some employees are exempt from rules dealing with hours of work, rest periods, days of rest, and overtime pay (such as farm employees, certain types of salespeople, and managers/supervisors).
For a full list of all exemptions see Employment Standards Regulation, Part 1
PAYMENT OF WAGES
Minimum Wage
You have the right to be paid at least minimum wage of $15/hour in Alberta. However, the minimum wage for students under the age of 18 is only $13/hour. The minimum wage rate for salespeople is $598/week, and $2848/month for domestic employees.
For up to date information on minimum wage, see section 9 of the Employment Standards Regulation, available at https://www.canlii.org/en/ab/laws/regu/alta-reg-14-1997/latest/alta-reg-14-1997.html
Exemptions from Minimum Wage
These employees do not have to be paid minimum wage:
￫ Real estate brokers
￫ Insurance salespeople paid entirely by commission
￫ Securities salespeople
￫ Students in approved work experience programs
￫ Students under 18
￫ Students in off-campus education programs under the School Act
￫ Extras in a film or video
￫ Counsellors or instructors at non-profit camps for children, handicapped individuals, or for religious purposes
Time of Payment
You usually have the right to be paid your wages, overtime pay, and any other pay earned no later than 10 days after the end of each pay period. You must be paid at least once a month.
Your employer must give you a statement of earnings at the end of each pay period. The statement should show:
The number of regular hours and overtime hours you worked;
The rate of pay for regular time and for overtime;
The earnings paid and the source of the earnings;
Any deductions from earnings and the reason for those deductions; and
Time off taken instead of overtime pay.
If your employment is terminated for whatever reason, your employer must ensure that all your unpaid wages are paid to you. It is your employer’s decision whether to pay you within 10 days of the end of your last pay period or within 31 days of your last day of employment.
Length of a Shift
Generally, you must be paid for at least 3 hours of work every time you report for a scheduled shift. Again, some employees are exempted from this rule.
School bus drivers, part-time employees in certain non-profit recreation and athletic programs, and adolescent employees who work on school days must be paid for at least 2 hours of work per day when scheduled.
Reduced Wages
Notice is required before your wages can be reduced. Employers must notify you if your wage rate, overtime rate, vacation pay, general holiday pay, or termination pay is to be reduced before the start of the pay period in which this reduction will take effect.
If your employer does not give you proper notice, you are entitled to the wage you received before the reduction until the end of the pay period.
DEDUCTIONS
An employer must take off money from each pay cheque for deductions required by law, such as Income Tax, Employment Insurance, and the Canada Pension Plan. Employee consent for these types of deductions is not required.
Additional money can only be taken from an employee’s earnings under certain conditions, such as with written permission from the employee or a Court Order. These deductions could be made for things like union dues, charitable donations, child support, garnishment and other amounts permitted by statute.
NOTE: An employer cannot deduct money for faulty workmanship or employee uniforms. They also cannot deduct money for cash shortages/loss of property if someone other than the employee had access to the cash or property.
EMPLOYMENT RECORDS
Employers are required to keep an up-to-date employment record of each employee including information like: hours worked, wage rate and the date employment started. The record must be kept for a full 3 years from the date each record is made.
For a full list of information the employer must maintain, see section 14 of the Employment Standards Code
TERMINATION, NOTICE, TRANSFER, AND DEMOTION
Termination Notice and Pay
Your employer must give you advance written notice if your employment is being terminated without cause. The Employment Standards Code sets out the minimum amount of notice (or pay instead of notice) you should receive based on how long you have worked for your employer.
Termination without cause means an employer is ending the employment relationship for reasons other than the employee’s misconduct or poor performance. Generally, your employer has the right to terminate your employment so long as they provide you with adequate notice or payment in lieu of notice.
Bellow are examples of duration of employment and the notice required prior to termination
Less than 3 months then no notice required
Between 3 months and 2 years then one 1 week is required
Between 2 and 4 years then 2 weeks is required
Between 4 and 6 years then 4 weeks is required
Between 6 and 8 years then 5 weeks is required
Between 8 and 10 years then 6 weeks is required
More than 10 years then 8 weeks is required
The above notice periods are minimum standards. Your employment contract can set out longer notice periods or more severance pay (remember, you can always agree to better standards, but you cannot agree to anything less than the minimum requirements as set out in the Code).
Employers almost always owe notice beyond the minimums set out in the Employment Standards Code. The purpose of notice is to ensure people have enough money to survive until they can find similar employment. Therefore, the courts have determined that the amount of notice should be specific to the individual employee whose employment is being terminated. The courts have generally found the maximum notice period to be roughly 24 months when your contract does not provide specific entitlement of termination without cause. There are a number of factors that must be considered in each case.
Factors to be considered when determining how much notice is required:
the type of employment;
the length of employment;
the age of the employee;
the availability of similar work;
and the experience, training and qualifications of the employee.
Your employer’s specific financial situation is generally irrelevant in determining the notice period required.
Usually, your employer will choose to pay you the amount of money you would have made during the notice period, rather than have you continue to work for them. This amount must include: normal salary, bonuses the employee historically received during the notice period, health benefits, vacation pay, pensions and RRSPs, non-salary compensation (such as the personal use of a company car) and any other compensation you would have received during the notice period. Employers are also responsible for any short or long-term disability costs that arise during the notice period unless they get you to sign a release that explicitly addresses disability payments.
Wrongful Dismissal
If you are terminated without cause and your employer does not give you notice or payment in lieu of notice, you may be entitled to take action against your employer for wrongful dismissal and claim damages based on the factors listed in the previous section. However, you are under an obligation to mitigate your damages. This means that you must make a reasonable effort to find new employment as soon as possible after your dismissal. This obligation does not mean you must take any job you can find, only that you try to find similar employment to the job you lost.
Consult a lawyer if your employment was terminated and you were only given the Employment Standards Code minimum notice, or you believe you are entitled to additional notice than what was provided.
You may NOT entitled to notice or termination pay when:
You have been fired for just cause (discussed below)
You have been employed for three months or less
You are employed for a specific length of time or for a specific task for less than 12 months
This does not apply to employees in oil well drilling)
You refuse to take an offer for reasonable replacement work
This relates to mitigating your damages as discussed above
You refuse to take work that is available to you based on a seniority system
You are out of work due to a strike or lockout at your workplace
You work casually, where you can choose to work or not when asked by the employer
You are a seasonal employee and the season is over
The employment contract is impossible for the employer to perform because of unpredictable and/or unavoidable circumstances beyond the employer’s control
For example, if a fire destroys the workplace
You work in the construction industry
See section 5 of the Employment Standards Regulation for details
Your work involves disposing of trees and/or brush to clear land
Just Cause
An employer can terminate your employment without notice or pay if they have just cause. There are a number of reasons that could qualify as just cause and it often depends on the circumstances. Some examples include:
Falsified qualification (for example, lying about having a valid driver’s license)
Engaging in sexual harassment
Stealing or being dishonest
Transfers and Demotions
Generally, an employer cannot demote or transfer you without reasonable notice or your consent. If your employer does this, you may be able to treat this as a constructive dismissal and ask for termination pay.
NOTE: Rules dealing with notice and termination pay do NOT apply to construction workers, seasonal workers, or those employed for a fixed period of time.
Constructive Dismissal
In some situations, you may find that you have been constructively dismissed and are entitled to termination pay. This means that your employer has changed your job so significantly that it no longer corresponds to the contract of employment you agreed upon.
For instance, this could occur if your compensation is significantly reduced or the tasks you do no longer match what you were hired to do. The test is whether a reasonable person in your circumstances would consider the changes imposed by your employer to have substantially changed the employment contract.
If you believe you have been constructively dismissed you should consult a lawyer before taking action, as an employer will not be required to provide you with notice pay if you stop working and it is later found by a court that you were not constructively dismissed.
Employee Notice to an Employer
If you want to quit your job, you are required to give advance notice to your employer before you quit. How much notice is required depends on how long you have worked for the employer. If you have worked for more than 3 months and less than 2 years, you are required to give at least one week’s notice. If you have worked for more than 2 years, you must provide 2 weeks’ notice.
Bellow are examples of the duration of employment and the required notice prior to termination
Less than 3 months then no notice is required
Between 3 months and 2 years then 1 week is required
More than 2 years then 2 weeks is required
An employee may NOT have to provide notice when:
You have worked for the employer for 3 months or less
There is a different established custom or practice in an industry
You quit because your health or safety would be at risk if you continued to work there
It becomes impossible for you to perform under the employment contract for unforeseeable or unavoidable reasons beyond your control
You are temporarily laid off
You rejected an offer of reasonable alternative work and got laid off
You work casually, where you can choose to work or not when asked by the employer
You quit because of a decrease in wage rate, overtime rate, vacation pay, general holiday pay, or termination pay
Temporary Layoffs
If your employer wishes to maintain an employment relationship with you, they may temporarily lay you off by giving written notice. The notice must state that the layoff is temporary, and include the start date of the layoff, a copy of sections 62 through 64 of the Employment Standards Code, as well as any other provisions from the Employment Standards Regulations that might be relevant to your situation.
If you are laid off for 90 days or more in a 120 day period, your employment may be considered to be terminated unless your employer pays wages or an amount in lieu of wages, or provides benefits to you during the layoff. If your employment contract terminates then termination pay must be provided. In order for this to be true, you must consider yourself as terminated so it is not always best to enforce this as you may be left without a job.
Recall After a Layoff
To recall you to work after a temporary layoff, your employer must provide written recall notice. You must then return to work within seven days of being given your recall notice, otherwise your employment will be considered terminated without requiring termination notice or pay.
HOLIDAY AND VACATION PAY
Holiday Pay
If you work on a holiday (i.e. statutory holidays), you are entitled to holiday pay. The current general holidays in Alberta are as follows:
New Year’s Day (January 1st)
Alberta Family Day (the third Monday in February)
Good Friday (the Friday before Easter — The holiday of Easter changes each year, usually falling sometime in late March to mid-April)
Victoria Day (the Monday before or on May 25th)
Canada Day (July 1st)
Labour Day (the first Monday in September)
Thanksgiving Day (the second Monday in October)
Remembrance Day (November 11th)
Christmas Day (December 25th)
To be entitled to holiday pay, you must work all scheduled shifts the day before and the day after the holiday, unless the employer consented to you not working.
If a general holiday falls during your yearly vacation, your employer must extend your vacation by 1 day with pay or give you another paid day off before your next yearly vacation.
If you work on a general holiday then your employer must pay you your regular pay for the day, in addition to your wage at a rate of time and a half for the number of hours that you worked on the general holiday. Your employer can also give you a full day’s pay plus an extra day off instead of paying you the additional pay at time and a half.
★ If you do not work on a general holiday and the holiday falls on a day you would usually work, you are entitled to your regular wages for the day.
Vacation Time and Pay
Your employer must provide you with vacation pay and/or time off, generally based on how long you have been working there.
Example of the length of employment and minimum amount of vacation time and pay
Less than 1 year —You are not entitled to vacation time off in your first year, but you are entitled to vacation pay at a rate of 4% of your regular wage
Between 1 and 5 years —2 weeks time off or 4% of your regular wage
More than 5 years — 3 weeks or 6% of your regular wage
Vacation pay can be paid out at any time during the year, but it must be paid by the first payday after the start of your scheduled vacation. So, if you take a vacation you can be paid your regular wage while on your vacation or you may receive vacation pay on all paycheques throughout the year.
Your employer must give you your vacation in a single block of time and no later than 12 months after you become entitled to it. You can break your vacation time up into smaller periods if you request to do so in writing and your employer agrees.
If you quit, are fired, or are laid off, your employer must pay any unpaid vacation pay in the last paycheque you receive, no later than 31 consecutive days after the last day of your employment.
If you were employed less than 1 year, you will receive 4% of your earnings for that period
If you were employed more than 1 year, you will receive any unpaid vacation entitlements from the previous year and the portion of your earnings for the current year for your length of employment
Remember that these are the minimum rights guaranteed by the Employment Standards Code and Regulation. You can get more if you and your employer agree, and you cannot agree to less. Always refer to your employment contract to see if you are entitled to more benefits than are listed here
If you have not received vacation pay, or any other pay that you are entitled to, you can contact Employment Standards at (780) 427-3731 or submit a form online at www.alberta.ca/contact-employment-standards
SICK DAYS
You are entitled to 5 days of unpaid leave for your own health if you have been employed for the last 90 days with the same employer. Additionally, you are entitled to 16 weeks of unpaid leave each calendar year for long-term illness, injury or quarantine. You must provide a medical certificate to the employer estimating the time of leave.
Refer to your employment contract to see if you are entitled to any additional sick days or pay for sick days.
MATERNITY AND PARENTAL LEAVE
Maternity Leave and Parental Leave Summary
Maternity Leave
Who can take it?
Employees who are pregnant
When am I eligible?
After 90 days of full- or part-time employment
How long is it?
16 weeks
When can it start?
Up to 12 weeks before your estimated due date
Is it paid?
No, but you may be eligible for Employment Insurance maternity benefits or parental benefits
How much notice should I give my employer?
At least 6 weeks, or 2 weeks if you have medical documentation
Will I have a job to return to?
Yes, your employer must have the same or a similar position available for you, with the same or better wage and benefits, when you return to work
Parental leave
Who can take it?
A parent of a newborn or newly adopted child under the age of 18
When am I eligible?
After 90 days of full- or part-time employment
How long is it ?
62 weeks total*
*The 62 weeks of parental leave can be split between parents or taken entirely by one parent. You and your co-parent may take parental leave at the same time, however, if you both work for the same employer, the employer is not required to let you take it at the same time. You should inform your employer if you plan to split your parental leave time.
When can it start?
Once the child is born or adopted
Is it paid?
No, but you may be eligible for Employment Insurance maternity benefits or parental benefits
How much notice should I give my employer?
At least 6 weeks
Will I have a job to return to?
Yes, your employer must have the same or a similar position available for you, with the same or better wage and benefits, when you return to work
Maternity Leave
If you are pregnant and have worked for the same employer, full- or part-time, for 90 days in a row, you may take time off for your pregnancy. Pregnant employees have a right to 16 weeks’ unpaid maternity leave, which can begin anytime within 12 weeks prior to their estimated due date. You must take at least 6 weeks of maternity leave after the birth of your child, unless you made an agreement with your employer to return to work early and you provide medical documentation to indicate that your health will not be endangered.
Your employer must reinstate you to your old job or a similar job with the same pay and benefits when you return to work.
If you are going to take maternity leave, you must give your employer written notice at least 6 weeks before the day you want to start maternity leave. If your employer asks, you must provide a medical certificate from a physician, showing the expected due date and certifying that you are pregnant. If you do not give 6 weeks’ notice, you are still entitled to maternity leave as long as you provide your employer with a medical certificate indicating you are unable to work due to your pregnancy and the estimated due date. This must be provided within two weeks of stopping work.
Your employer may also give you written notice requiring you to begin your maternity leave if the pregnancy will interfere with your duties. This notice must be given at least 12 weeks prior to the expected delivery date. Your employer does not have to pay you for maternity leave, unless you have signed an agreement with your employer which states that you will get paid while you are on maternity leave.
Employment Insurance While Pregnant
Employment Insurance (EI) maternity benefits allow an employee to claim up to 15 weeks of EI benefit payments at a maximum rate of 55%, up to the current maximum of $668 per week. Maternity benefits are for the person who is pregnant or has recently given birth, which includes surrogate mothers. To qualify for these benefits, you must be able to show that you have worked at least 600 hours in the previous 52 weeks (or since your last claim if you have made a claim in those 52 weeks) and that your weekly earnings have decreased by more than 40%.
The Employment Insurance section later on will go over how to apply for benefits.
Parental Leave
Parents are eligible for up to 62 weeks of parental leave. This may be taken by either parent or shared between them. Adoptive parents may also take 62 weeks of parental leave. Combined with maternity leave, this brings the total time of leave up to 18 months. Parental leave can begin at any time after the birth or adoption of the child, but it must be completed within 78 weeks of the birth or the date an adopted child is placed with the parent.
Employment Insurance While on Parental Leave
Parental benefits are for employees who are caring for a newborn or newly adopted child. Employment Insurance allows for two types of parental benefits: 1) standard parental benefits, or 2) extended parental benefits. Once you have submitted your application, you cannot change which type of benefits you want. If you are splitting parental leave with a co-parent, you must both choose the same option.
Standard parental benefits: up to 35 weeks at 55% of your average weekly insurable earnings, up to a maximum of $668 per week
If splitting benefits, parents can claim up to 40 weeks, so long as neither parent claims more than 35 weeks individually
Extended parental benefits: up to 69 weeks at 33% of you average weekly insurable earnings, up to a maximum of $401 per week
To qualify for parental leave, you must be able to show that you have worked at least 600 hours in the previous 52 weeks (or since your last claim if you have made a claim in those 52 weeks) and that your weekly earnings have decreased by more than 40%.
A person taking maternity leave may also qualify for parental benefits afterward. You can apply for both at the same time.
The Employment Insurance section later on will go over how to apply for benefits.
COMPASSIONATE CARE LEAVE
Compassionate Care Leave Summary
When am I eligible?
After 90 days of full- or part-time employment
Who can take it?
Family members of a person who is at significant risk of death in the next 26 weeks due to serious illness
How long can I take off?
Up to 27 weeks
How much notice should I give my employer?
At least 2 weeks notice, unless the circumstances make it impossible to give such notice
Do I need to give my employer any other documents?
Yes, you will need a certificate from a physician certifying that your family member is at risk of death within 26 weeks and that they require the care or support of family members
Is it paid?
No, but you may be eligible for 6 weeks of EI benefits while on leave
Will I have a job to return to?
Yes, your employer must provide you with the same or similar position with the same or better wage and benefits upon your return
If you have worked for the same employer part-time or full-time for 90 consecutive days, you may be eligible to take up to 27 weeks of compassionate care leave in order to care for a family member who is at risk of death because of illness.
“Family member” is defined in section 54.1(2) of the Employment Standards Regulation and includes:
Partner (spouse or common-law partner);
Child or child of a partner
Parent or the parent of a partner
Sibling or the sibling of a partner
Grandparent or grandparent of a partner
Partner of a grandparent
Grandchild or grandchild of a partner
Partner of a child or grandchild
Aunt, uncle, niece, or nephew of the employee or their partner
Someone considered to be like a close relative
There are many other less common situations that count as a family member for the purposes of compassionate care leave, for the full list see section 54.1 of the Employment Standards Regulation available at: https://canlii.ca/t/82tg
In order to take compassionate care leave, you must get a physician to provide a certificate stating that your family member has a serious medical condition with a significant risk of death within 26 weeks, and that they require the care or support of one or more family members. This certificate must be provided to your employer before you take your leave, unless it is an emergency situation.
You must be reinstated at the same or similar position with equal or greater pay when you return from compassionate care leave. An employee cannot be fired while on compassionate care leave.
Like maternity and parental leave, EI benefits may be available for employees who are going on compassionate care leave. See the section on Employment Insurance for more information on how to apply.
PERSONAL AND FAMILY RESPONSIBILITY LEAVE
Personal and Family Responsibility Leave Summary
Who can take it?
Employees needing to deal with personal sickness, or to meet their family responsibilities
When am I eligible?
After 90 days of full- or part-time employment
How long is it?
Up to 5 days be calendar year
Is it paid?
No, unless your employment contract says otherwise
How much notice should I give my employer?
At much notice as is reasonable and practicable in the circumstances
If you have worked for the same employer part-time or full-time for 90 consecutive days, you are eligible for personal and family responsibility leave. It provides 5 days of job protection each year for personal sickness or short-term care of an immediate family member.
“Immediate family member” is defined in section 54.1(3) of the Employment Standards Regulation and includes:
Partner (spouses, common-law partners, or adult interdependent partners)
Children (including foster children, wards or partner’s children)
Parent, foster parent, or guardian
Sibling
Grandparent
Grandchild
Anyone living with the employee as a member of their family
Personal and family responsibility leave includes attending to personal emergencies and caregiving responsibilities related to a child’s education. Medical certificates are not required but employers can set out their own rules for documentation.
LONG TERM ILLNESS AND INJURY LEAVE
Long Term Illness and Injury Leave Summary
Who can take it?
Employees dealing with illness, injury, or quarantine
When am I eligible?
After 90 days of full- or part-time employment
How long is it?
Up to 16 weeks per calendar year
How much notice should I give my employer?
As much advance notice as is reasonable
Do I need to give my employer any other documents?
Yes, you must provide a medical certificate to your employer which includes an estimated return date
Will I have a job to return to?
Yes, your employer must provide you with the same, or a similar, position when you return
If you have worked 90 days either full- or part-time with your current employer, you qualify for long term injury and illness leave. You are entitled to up to 16 weeks of job protection for long term illness or injury. You are required to provide a medical certificate, from either a doctor or nurse, before starting leave or as soon as is reasonable and practicable in the circumstances.
You should give notice to your employer as soon as practicable and include an estimated duration of the leave. You should also give notice one week before returning, or two weeks before terminating the employment while on leave.
You may be eligible for EI benefits during your leave. See the Employment Insurance section for more information. If you have a group insurance plan, you should inquire with your employer to see if additional benefits are available to you.
BEREAVEMENT LEAVE
Bereavement Leave Summary
Who can take it?
Employees who have suffered the loss of a family member
When am I eligible?
After 90 days of full- or part-time employment
How long is it?
Up to 3 days per calendar year
How much notice should I give my employer?
As much as is reasonable
Do I need to give my employer any other documents?
Medical certificates are not required, but employers may set out their own rules for documentation
Will I have a job to return to?
Yes, your employer must provide you with the same, or a similar, position when you return
If you have worked 90 days either full- or part-time with your current employer, you may qualify for bereavement. You are entitled to 3 days of unpaid bereavement leave per year, not per incident of bereavement.
Bereavement leave is given for the loss of a family member, including the loss of a pregnancy. For the purpose of bereavement leave, “family” is defined the same as it is under compassionate care leave.
You should give notice as soon as is reasonable before taking leave. Medical certificates are not required but employers can set out their own rules for documentation.
OTHER LEAVES
There are a number of other leaves which also provide job protection in certain circumstances. You are eligible for all the following leaves if you have worked 90 days either full- or part-time with your current employer, with the exception of reservist leave. For a full explanation of the following leaves visit https://www.alberta.ca/employment-standards
Citizenship Ceremony Leave – You are eligible for a half day of unpaid, job protected leave to attend your own citizenship ceremony.
Critical Illness Leave – You are eligible for up to 16 weeks of unpaid, job protected leave to take care of a critically ill adult family member. You may be eligible for up to 15 weeks of EI payment during this time.
You are also eligible for up to 36 weeks of unpaid, job protected leave to take care of a critically ill child family member. You may be eligible for up to 35 weeks of EI payment during this time.
Death or Disappearance of a Child Leave – Parents and guardians are eligible for unpaid death or disappearance of a child leave, if it is probable the death or disappearance of their child is a result of a crime they did not commit. The leave is 52 weeks for a child who has disappeared and 104 weeks for a child who has died. You may also be eligible for income support via the Parents of Missing or Murdered Children grant.
Domestic Violence Leave – You are eligible for 10 days of unpaid domestic violence leave if domestic violence occurs to you, your child, or a protected adult that lives with you, and is caused by a spouse/intimate partner, the parent of a shared child, someone living with you, and/or someone related to you. you or a partner, someone you are dating, the parent of your child, a relative, or someone residing with you who has care and custody over you.
Domestic violence includes: injury or property damage (or the threat of injury or property damage) used to intimidate a person; psychological or emotional abuse; forced confinement; sexual contact coerced by force or threat; and stalking
The specific purposes for which you may take leave include: to seek medical attention; to obtain services from a victim services organization; to seek counselling; to relocate or to seek legal or law enforcement assistance.
COVID-19 Vaccination Leave – You are eligible to take up to 3 consecutive hours to go get a COVID-19 vaccination, with no impact to your earnings or benefits.
Reservist Leave – If you are a reservist and have been employed by your current employer for 12 consecutive weeks, you are entitled to unpaid reservist leave for as long as is necessary in the circumstances. You are eligible for 20 days of leave a year for training, and as much time as necessary for national or international deployment.
You should obtain documentation from your commanding officer confirming the length of leave. At least 4 weeks’ notice is required before leaving, unless deployment is urgent, including an estimated or known return date. You should give notice 4 weeks before leave unless deployment is urgent. You should also give 4 weeks’ notice before returning to work. If you are on your annual training you do not need to give notice before returning to work, as the return date will be known when the leave begins.
OCCUPATIONAL HEALTH AND SAFETY
Your employer has an obligation to ensure the health and safety of yourself and other employees and to provide safe worksites to the extent that it is reasonably practicable for them to do so.
You are not required to work if you will be at risk of imminent danger, or if doing so will put someone else in danger. You should tell your employer about unsafe conditions as soon as possible. Your employer cannot discipline you because you refuse to do imminently dangerous work in accordance with the Occupational Health and Safety Act. If you are disciplined or fired because you refuse to work in accordance with the Act then you are entitled to voice a complaint to an Employment Standards officer. It is important that you tell the absolute truth in the complaint. Making a false complaint could result in a fine or jail time as a punishment.
You can contact Alberta Occupational Health & Safety in Edmonton at 780-415-8690, or file a complaint online through their website following the steps at https://www.alberta.ca/occupational-health-safety
EMPLOYMENT STANDARDS
When you are unable to resolve matters with your employer, Employment Standards staff can investigate the matter after they receive a written complaint. If you want to file a complaint with Employment Standards, you must file it while employed or within six months of the date on which your employment ended.
You can contact Employment Standards at (780) 427-3731 or submit a question online at https://www.alberta.ca/contact-employment-standards
DISCRIMINATION
The Alberta Human Rights Act prevents employers from treating certain employees differently than others because of certain personal characteristics, known as the protected grounds.
Protected grounds in Alberta include:
Race
Religious beliefs
Colour
Gender (including pregnancy), gender identity, and gender expression
Physical and mental disability
Age
Ancestry and place of origin
Marital status
Source of income
Family status
Sexual orientation
However, your employer may have a valid reason for discriminating. If there is a reasonable requirement for the job that you cannot meet because of a particular characteristic, your employer does not have to accommodate you if it will cause them undue hardship.
For example, blindness would fall under the protected ground of physical disability, but an employer may not have to accommodate a blind person if sight is a valid occupational requirement (e.g., for a driver or pilot)
If you have been discriminated against, you may make a complaint to the Alberta Human Rights Commission. Complaints must be submitted within 12 months of the incident. The Commission can order your employer to stop the unfair treatment, pay compensation, or reinstate you if your employment has been terminated. Most accepted complaints will go through a conciliation process first, and be referred to a tribunal if necessary.
You can ask Human Rights Commission representatives questions (anonymously) by telephone at 780-427-7661. If you are unsure whether the way your employer is treating you or another employee is discrimination, you can call the Commission and ask.
The Employment Standards Code also prohibits your employer from discriminating against you if you assert your rights under the Act, make a complaint under the Act, or give evidence in any hearing or proceeding under the Act.
EMPLOYMENT INSURANCE
Employment Insurance (EI) is a program that provides financial assistance to Canadians who lose their jobs through no fault of their own and are available and able to work but unable to find a job.
If you wish to apply for EI, then you must collect a record of employment from your employer. If they refuse to give you one, contact Service Canada.
To be eligible for EI regular benefits, you must meet the following requirements:
You were employed in insurable employment
You lost your job through no fault of your own
You have been without work and without pay for 7 consecutive days in the last 52 weeks
You have worked the required number of hours in the last 52 weeks (or since your last claim if it was in the last 52 weeks)
You are ready, willing, and capable of working each day
You are actively looking for work
The required number of hours will depend on the unemployment rate in Alberta at the time, but it will generally be between 420 and 700 hours. There are other types of EI benefits with additional specific requirements, such as sickness benefits which require a medical certificate.
You will still have to look for a job and comply with certain conditions, including filing biweekly reports, while collecting benefits. You should keep a detailed record of your job search efforts in case you get audited by Service Canada.
To avoid unnecessary delays or loss of benefits, you should apply for EI within 4 weeks of the last day of your employment. If your application is successful, you should receive your first payment about 28 days after you apply.
You can apply for EI online at www.servicecanada.gc.ca, by phone at 1-800-206-7218, or by visiting the Service Canada center closest to you.
WORKERS’ COMPENSATION
If you were injured on the job and are unable to work as a result, you can apply to the Workers Compensation Board (WCB) for benefits. If the claim is accepted, you may be paid up to 90% of your net (after deductions) income.
If you suffer a workplace injury or an occupational disease it is important to contact your employer as soon as possible. Your employer is required to report injuries that are likely to prevent you from working for any longer than the remainder of the workday to the WCB. Employees should also report injuries to the WCB themselves. When submitting a report to the WCB make sure it is received within 2 years of the date the injury occurred, or within 2 years of when you first learned of the occupational disease. If the report is received after 2 years the claim might be denied.
You can report an injury online at www.wcb.ab.ca , or you can contact WCB over the phone at 780-498-3999. If you have made a WCB claim, your employer may request a copy of your claim file. WCB will notify you of the request, and they will only provide the necessary relevant information to your employer. You can request a copy of your own file claim through the Claims Contact Centre through the WCB website.
If you disagree with a decision made by the WCB on your claim, there are some informal and formal options available. Firstly, you can call the decision maker to discuss your concerns. If you are still dissatisfied with the decision, you may begin a formal review process.
Appealing a WCB Decision
If you wish to appeal a decision you can submit a request for review to the WCB. You should do so within 1 year of the decision or your appeal may be dismissed. Unresolved reviews will be sent to the Dispute Resolution and Decision Review Body (DRDRB).
If you are still dissatisfied after the DRDRB decision, you may appeal in writing to the Appeals Commission, a separate government entity, within 1 year (extensions may be available). You will need a copy of the DRDRB decision and a completed Notice of Appeal form to file your appeal.
Visit the Appeals Commission website https://www.appealscommission.ab.ca/ or call (780) 412-8700 for more information
If you believe there was an error in the decision of the Appeals Commission, the decision can be appealed to the Alberta Court of King’s Bench. To appeal you must file an application with the Court and serve it on the Appeals Commission within 6 months of the decision that is being appealed.
You have the right to have a representative at a review or appeal hearing, which can be a lawyer, an appeals advisor, someone from Student Legal Services, or some other agent (for example, a friend or relative). If you would like the help of Student Legal Services it is important to contact us as soon as possible. The closer to your hearing date that you call, the lower the chance that help will be available. You can reach the SLS Civil Project at 780-492-8244.
The Advisor Office for Alberta Workers’ Compensation is an organization independent from the WCB that can help you understand WCB policies and guide you through the claims and appeals process. You can reach the Office of the Appeal Advisory by email at advisoroffice@gov.ab.ca or call toll-free at 1-800-427-0115.
For more information, visit their website https://advisoroffice.alberta.ca/
YOUTH EMPLOYMENT
There are special rules stating at what ages minors can be employed, and in what positions. The Director of Employment Standards may issue permits for children to work in certain circumstances. Individuals who are required to attend school, generally anyone under the age of 16, are not permitted to work during normal school hours unless they are part of an off-campus education program.
Children under the age of 12 are not permitted to work, with the exception of employment in artistic endeavours, which requires a permit.
Adolescents aged 13 or 14 are allowed to work under certain conditions and must have written consent from a parent or guardian. They may only be employed as delivery people, clerks, coaches, tutors, cleaners, and food service workers. Any exception to these rules must be approved by the Director.
Young persons from the ages of 15 and 17 may be employed without parental or guardian consent, subject to some restrictions. A young person is not permitted to work between the 12:01 AM and 6:00 AM in retail and food sales, overnight accommodation, and premises where petroleum or natural gas products are sold. Any other work during those hours requires the written consent of a parent or guardian.
JOB TRAINING AND FINDING EMPLOYMENT
Alberta Supports
There are programs in Alberta that aim to help unemployed individuals with job training or with finding employment. Alberta Supports is a government program that helps job seekers find work and provides low-income Albertans with financial assistance.
Contact Alberta Supports at 1-877-644-9992 (toll free) or (780) 644-9992 (in Edmonton) between the hours of 7:30 AM and 8:00 PM Monday to Friday
Visit https://www.alberta.ca/alberta-supports to find your nearest Alberta Supports Centre to visit in person
Other Employment Assistance
The Bredin Centre for Career Advancement has programs to help with resume building, job search, and other skills. You can reach the Bredin Center at 780-425-3730 or visit their website https://www.bredin.ca/
Boyle Street Community Services has programs for employment opportunities for those struggling to find work. They are also a valuable resource for individuals who are having a difficult time finding a job because of addictions or homelessness.
Contact them at 780-424-4106 or visit https://www.boylestreet.org/
The Bissell Center has employability and education programs to help individuals facing difficult circumstances. You can reach their employment office at 780-423-2285 or visit https://bissellcentre.org/
The Bent Arrow Traditional Healing Society provides support for those seeking work through its Employment Resources Centre. Contact them at (780) 481-3451 or visit https://bentarrow.ca/
Oteenow Employment and Training Society provides similar services of employment training for Indigenous peoples. You can reach Oteenow by phone at 780-444-0911 or online at https://www.oteenow.com/
Women Building Futures is an organization that can help women with job training for the construction industry and trades work. You can reach Women Building Futures at 780-452-1200 or get more information at https://womenbuildingfutures.ca/
The University of Alberta runs the Career Centre to help undergraduate students and recent graduates of the U of A find employment. You can reach the Career Centre by phone at 780-492-4291 or by email at yourcareercentre@ualberta.ca
YouCan Youth Services provides a program to help unemployed youth between the ages of 18 and 26 by providing education programs to help with job searching skills, work experience, and employability. You can reach YouCan by phone at 780-444-3348 or online at https://www.youcan.ca/
Careers in Transition is a program that provides help for unemployed individuals to get their General Education Development (GED) diploma. To contact Careers in Transition, you can phone 780-496-9228, or visit their website https://citinc.ca/
WHERE CAN I GET HELP OR MORE INFORMATION?
2-1-1 Hotline
Ph: 211 (call or text)
Web: https://ab.211.ca/
Email: info@ab.211.ca
Call 2-1-1 for a directory of shelters, agencies, and other resources in Edmonton.
Edmonton Community Legal Centre (ECLC)
2nd floor, 10020 100 Street,Edmonton, AB
Ph:780-702-1725
Web: https://www.eclc.ca
Email: intake@eclc.ca
Hours: M – F 8:30am–4:30pm (closed on holidays)
Provides legal services for low-income Albertans in certain areas of family and civil law. These services include free legal information, referral, and legal education. ECLC may also be able to provide legal advice if you fall within their eligibility criteria. Much of their legal information can be found on their website, as well as the time, dates, and locations of their public legal education programs. Additionally, ECLC has a fee waiver program if your income and documents fall within their guidelines.
Lawyer Directory
Web: https://www.lawsociety.ab.ca/public/findalawyer/
Visit the Lawyer Directory to find a lawyer who can help with your issue. You can search by name if you have a specific lawyer in mind, or use the Advanced Search feature to find a practising lawyer in your area. Click on any of the Advanced Search Options to open a drop down menu. Under Practising Status, select “Practising” and under City/Town, select the city or town closest to you. You can narrow your search by Company, Gender, Languages Spoken, and/or Practice Area. Practice Area refers to the type of law each lawyer specializes in. The Law Society of Alberta’s website includes a How-To Guide, descriptions of practice areas, and other tips for using the Directory.
Legal Aid Alberta
Mailing: 900 Sun Life Place,10123 99 Street NW, Edmonton, AB T5J 2R7
Ph:1-866-845-3425
Web: https://www.legalaid.ab.ca/
Email: LSC@legalaid.ab.ca (for existing clients)
Hours: M – F 8:15am–4:15pm (closed on holidays)
Free legal information and legal representation at a reduced rate for low-income Albertans who meet their eligibility requirements. Legal Aid does not accept walk-ins at their offices.
Alberta Ombudsman
Suite 700, 9925 109 Street, Edmonton, AB T5K 2J8
Ph: 780-427-2759
Web: https://www.ombudsman.ab.ca/
Toll-free:1-888-455-2756
Email: info@ombudsman.ab.ca
Hours: M – F 8:15am–4pm (closed 12pm–1pm)
Receives and investigates complaints made by the public regarding the fairness of public services, independent from the government.
Office of the Student Ombuds
2-702 SUB, 8900 114 Street NW, University of Alberta, Edmonton, AB T5J 4C1
Ph: 780-492-4689
Web: https://www.ualberta.ca/current-students/ombuds/index.html
Email: obmuds@ualberta.ca
Hours: Sept – Apr: M – F 8:30am–4:30pm; May – Aug: M – F 8am–4pm
The Office of the Student Ombuds ensures fairness in the application of University processes and assists students in obtaining information, advice, support, and mediation services, when dealing with school related disputes, whether due to their academics, peers, or finances. They are an impartial third party to a dispute and will not act as an advocate.
Student Legal Services: Civil & Family Project
11036 88 Avenue NW Edmonton, AB
Ph: 780-492-8244
Web: https://www.slsedmonton.com/
Email: Online contact form available
Hours: Summer hours: Mon – Fri 8:30am–4:30pm
Law students who provide free legal information on the civil and family court processes and provide representation for some civil matters if you meet the income guidelines.
Student Legal Services: Criminal Project
#100, 9924 106 Street Edmonton, AB T5K 1C4
Ph: 780-425-3356
Web: https://www.slsedmonton.com/
Hours: Summer hours: Mon – Fri 8:30am–4:30pm
Law students who provide free legal information and may be able to assist you in court if you have been charged with a criminal offence depending on your income and the circumstances of the offence.
Student Legal Services: Human Rights Project
11036 88 Avenue NW Edmonton, AB T6G 0Z2
Ph: 780-492-8287
Web: https://www.slsedmonton.com/
Hours: Summer hours: Mon – Fri 8:30am–4:30pm
Law students who provide free legal information and may be able to assist you with human rights claims and responses under the Alberta Human Rights Act and act as an individual’s agent before the Alberta Human Rights Commission.
Native Counselling Services of Alberta (NCSA)
14904 121a Avenue NW Edmonton, AB, T5V 1A3
Ph: 780-451-4002
Web: https://www.ncsa.ca/
Email: info@ncsa.ca
Native Counselling Services can help guide Indigenous individuals through the court process, provide emotional support and legal help.
Calgary Legal Guidance (CLG)
100, 840 7th Avenue SW Calgary, AB T2P 3G2
Ph:403-234-9266
Web: https://clg.ab.ca/
Email: clg@clg.ab.ca
Hours: Office: M – Thurs 9am–4pm (closed 12pm–1pm)
Provides legal assistance, information, and support to those facing barriers in the legal system across Alberta.
Centre for Public Legal Education (CPLEA)
Ph: 780-451-8764
Web: www.cplea.ca
Email: info@cplea.ca
Provides quick and easy access to legal information and resources for Albertans.
Alberta Supports
Edmonton Central location: 10242 105 Street, Edmonton, AB T5J 3L5
Ph:780-644-9992
Web: https://www.alberta.ca/alberta-supports
Toll-free: 1-877-644-9992
Email: abworksis@gov.ab.ca
Hours: M – F 7:30am–8pm
Assists individuals and families with accessing various financial, family, and social supports. Visit the website for other locations.
Alberta Human Rights Commission (AHRC)
#800, 10405 Jasper Avenue NW Edmonton, AB T5J 4R7
Ph: 780-427-7661
Web: www.albertahumanrights.ab.ca/
Toll-free: 310-0000
Hours: M – F 8:15am–4:30pm
Provides information about human rights and handles human rights abuse complaints.
EmployAbilities
#402, 10909 Jasper Avenue Edmonton, AB T5J 3L9
Ph: 780-423-4106
Web: https://employabilities.ab.ca/
Toll-free: 1-800-785-6539
Email: employ@employabilities.ab.ca
Hours: M – F 8:30am–4:30pm (closed on holidays)
Provides skill development, education, and employment services to people with medical conditions, permanent injuries, disabilities, and employment barriers.
Employment Insurance Canada
Mailing: Service Canada Centre, PO Box 245, Edmonton, AB T5J 2J1
Web: https://www.canada.ca/en/services/benefits/ei.html
Toll-free:1-800-206-7218
Email: Online contact form
TTY: 1-800-529-3742
Employment Insurance allows eligible individuals to receive an income while unemployed between jobs. You can visit Service Canada in Edmonton on the main floor of Canada Place on Jasper Avenue.
Employment Standards
Ph: 780-427-3731
Web: https://www.alberta.ca/contact-employment-standards
Toll-free:1-877-427-3731
TTY:1-800-232-7215
Government agency that enforces compliance to the employment standards.
Income and Employment Supports Appeals Secretariat
2nd floor, Agronomy Centre, 6903 116 Street NW, Edmonton, AB T6H 5Z2
Ph: 780-427-2709
Web: https://www.alberta.ca/income-employment-supports-contact-appeals-secretariat
Toll-free:310-0000
Email: scss.appeals@gov.ab.ca
Fax: 780-422-1088
Hours: M – F 8:15am–4:30pm (closed 12pm–1pm)
A neutral government office that faciliates appeals relatings to Income and Employment Supports decisions.
Labour Canada
1440 - 9700 Jasper Avenue Edmonton, AB T5J 4C1
Web: www.labour.gc.ca
Toll-free: 1-800-641-4049
Provides information on federal labour standards and the complaints process for those working in federally regulated industries.
Occupational Health and Safety (OHS)
Ph: 780-415-8690
Web: https://www.alberta.ca/file-complaint-online
Toll-free:1-866-415-8690
TTY:1-800-232-7215
Occupational Health and Safety (OHS) enforces OHS laws to establish minimum standards for safe and healthy workplaces in Alberta. You can file a complaint online or call the OHS Contact Centre.
Workers' Compensation Board (WCB)
9912 107 Street Edmonton, AB T5K 1G5
Ph: 780-498-399
Web: https://www.wcb.ab.ca/
Toll-free:1-866-922-9221
TTY:780-498-7895
Hours: M – F 8am–4:30pm
Supports employees when an injury occurs on the job. If you have been injured on a job, you may have a right to a claim.