Employment Standards in Alberta

Employment Standards Legislation in Alberta

• Alberta's Employment Standards Legislation sets minimum employment standards for almost all employees in the province, ensuring fair working conditions and a basic level of protection for workers.
• This legislation supersedes any agreements between employers and employees, including union contracts, guaranteeing a minimum level of benefits and rights.
• Employers are responsible for maintaining accurate and detailed records about their employees, including wages, hours worked and other relevant information. These records must be accessible for review by employment standards officers and are crucial for protecting employers against unfair claims.
• Key features of this legislation include:
  • Minimum wages: Employers are obliged to pay their employees at least the minimum wage established by the province. In 2015, Alberta raised the minimum wage to $15, a key decision aimed at improving the livelihoods of workers.
  • Hours of work: Employees must have at least eight consecutive hours of rest between shifts and one day of rest per week, with certain exceptions for industries like continuous operations.
  • Overtime: Employers are required to pay overtime rates for hours worked beyond 8 hours in a workday or 44 hours in a week. Certain occupations are exempt from overtime pay, as set out by the Employment Standards Registration.
  • Vacation: Employees with at least a year of continuous service are entitled to two weeks of paid vacation, increasing to three weeks after five years of service. The entitlement can be adjusted based on the number of days an employee is absent due to various leave programs.
  • General Holidays: Alberta recognizes nine statutory holidays, plus any additional days specified by regulations. Employees are entitled to pay at least equal to an average day’s pay for statutory holidays. If an employee is asked to work on a general holiday they must be paid 1.5x their regular wage and an extra day’s pay or just their regular wage rate for each hour worked and an additional day’s pay.
  • Maternity Leave: Employees are entitled to 16 weeks of unpaid maternity leave, which can be extended based on the infant’s medical needs and requirements. The leave must include 6 weeks following the birth. The federal government provides financial support through the EI (Employment Insurance) program.
  • Parental Leave: Employees can take up to 37 weeks of unpaid leave within 53 weeks after birth or adoption, which applies separately to both parents. This leave is also not paid by the employer but can be claimed under the Employment Insurance Act.
  • Reservist Leave: Employees who are members of the Canadian Forces reserves are entitled to job-protected leave for deployment or up to 20 days per year for mandatory training. This leave is unpaid and requires at least 26 weeks of employment with the employer.
  • Compassionate Care Leave: Employees can take 27 weeks of job-protected leave for the care of an ill family member, requiring a medical certificate and 90+ days of employment with the employer. This leave overlaps with EI’s compassionate care leave program but is not paid by the employer.
  • Other Leaves: The legislation also extends protection to other leaves, including: disappearance of a child leave, critical illness of a child leave, long-term illness and injury leave, domestic violence leave, personal and family responsibility leave, and bereavement leave.

Enforcement and Administration

• This legislation is complaint-based, meaning that any enforcement action is triggered by a worker’s complaint or claim.
• Employers must be able to prove their compliance with the legislation and keep all records readily available for inspection by Employment Standards Officers.
• The Ministry of Labour and Immigration houses the Employment Standards Branch, which provides information and support to both employers and employees regarding their rights and responsibilities under this legislation.

This quiz covers the key aspects of Alberta's Employment Standards Legislation, including minimum wages, record-keeping responsibilities for employers, and the fundamental rights of employees. Understand how this legislation impacts both employers and employees, ensuring fair working conditions across the province.