Podcast
Questions and Answers
What is the minimum time an employer in Alberta must hold employee records after they were made?
What is the minimum time an employer in Alberta must hold employee records after they were made?
Which of the following is NOT a type of allowed deduction from employee wages?
Which of the following is NOT a type of allowed deduction from employee wages?
If an employee provides notice that they are leaving their job in Alberta, when is their final paycheck due?
If an employee provides notice that they are leaving their job in Alberta, when is their final paycheck due?
What was the minimum wage in Alberta as of October 2020?
What was the minimum wage in Alberta as of October 2020?
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How many consecutive hours off work must employees in Alberta have between shifts?
How many consecutive hours off work must employees in Alberta have between shifts?
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What does employment standards legislation primarily set out?
What does employment standards legislation primarily set out?
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Which of the following circumstances allows employees in Alberta to work longer than 12 hours in a day?
Which of the following circumstances allows employees in Alberta to work longer than 12 hours in a day?
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Which of the following is a key duty of employers under employment standards legislation?
Which of the following is a key duty of employers under employment standards legislation?
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Upon completion of an employment relationship, if no notice is given by the employee, when should they receive their final payment in Alberta?
Upon completion of an employment relationship, if no notice is given by the employee, when should they receive their final payment in Alberta?
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What must an employer establish regarding employee compensation?
What must an employer establish regarding employee compensation?
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How does employment standards legislation affect collective agreements?
How does employment standards legislation affect collective agreements?
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Who primarily enforces employment standards legislation?
Who primarily enforces employment standards legislation?
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What is the typical coverage of employment standards legislation in Alberta?
What is the typical coverage of employment standards legislation in Alberta?
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What is a requirement for a benefit promised by an employer to be enforced under the Act?
What is a requirement for a benefit promised by an employer to be enforced under the Act?
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Which of the following is NOT true about the scope of employment standards legislation?
Which of the following is NOT true about the scope of employment standards legislation?
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Which principle does employment standards legislation displace regarding employment terms?
Which principle does employment standards legislation displace regarding employment terms?
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What is the minimum pay rate for overtime work in Alberta?
What is the minimum pay rate for overtime work in Alberta?
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Under what condition can an employee receive paid time off instead of overtime pay?
Under what condition can an employee receive paid time off instead of overtime pay?
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What is the required eating period for employees working 5 hours in Alberta?
What is the required eating period for employees working 5 hours in Alberta?
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What happens if an employee does not take the time off they accrued from overtime within three months?
What happens if an employee does not take the time off they accrued from overtime within three months?
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How many weeks of annual vacation does an employee earn after 5 years of service?
How many weeks of annual vacation does an employee earn after 5 years of service?
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What is required for an employee to be entitled to annual vacation?
What is required for an employee to be entitled to annual vacation?
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Which statement about coffee breaks is true in Alberta?
Which statement about coffee breaks is true in Alberta?
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What can reduce the entitlement of vacation days for an employee?
What can reduce the entitlement of vacation days for an employee?
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How is vacation pay calculated in Alberta?
How is vacation pay calculated in Alberta?
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Which of the following does NOT count as part of 'wages' when determining vacation pay in Alberta?
Which of the following does NOT count as part of 'wages' when determining vacation pay in Alberta?
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What must happen when a general holiday falls during an employee's vacation in Alberta?
What must happen when a general holiday falls during an employee's vacation in Alberta?
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Which of the following is the minimum duration for maternity leave in Alberta?
Which of the following is the minimum duration for maternity leave in Alberta?
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What is the minimum continuous employment requirement for an employee to qualify for maternity leave in Alberta?
What is the minimum continuous employment requirement for an employee to qualify for maternity leave in Alberta?
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If an employee is asked to work on a general holiday, what pay are they entitled to?
If an employee is asked to work on a general holiday, what pay are they entitled to?
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How much advance notice must an employee provide to take maternity leave?
How much advance notice must an employee provide to take maternity leave?
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What is the maximum time before delivery a maternity leave can commence in Alberta?
What is the maximum time before delivery a maternity leave can commence in Alberta?
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What is the maximum duration of parental leave that both parents can take in Alberta?
What is the maximum duration of parental leave that both parents can take in Alberta?
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What is required from an employee before resuming work after maternity or parental leave?
What is required from an employee before resuming work after maternity or parental leave?
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What condition allows an employer to terminate an employee during maternity or parental leave?
What condition allows an employer to terminate an employee during maternity or parental leave?
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What is the minimum duration of employment required for an employee to qualify for compassionate care leave?
What is the minimum duration of employment required for an employee to qualify for compassionate care leave?
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How much notice must an employee provide to their employer when taking reservist leave?
How much notice must an employee provide to their employer when taking reservist leave?
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What must an employee who is the primary caregiver of an ill family member obtain to qualify for compassionate care leave?
What must an employee who is the primary caregiver of an ill family member obtain to qualify for compassionate care leave?
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Which type of leave allows employees up to 20 days per year for annual training?
Which type of leave allows employees up to 20 days per year for annual training?
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What is the key requirement to reinstate an employee who took compassionate care leave?
What is the key requirement to reinstate an employee who took compassionate care leave?
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Study Notes
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.
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Description
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.
