Employment Standards in Alberta

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Questions and Answers

What is the minimum time an employer in Alberta must hold employee records after they were made?

Two years

Five years

Three years (correct)

One year

Which of the following is NOT a type of allowed deduction from employee wages?

Personal loan deductions (correct)

Court-ordered deductions

Authorized by a collective agreement

Statutory deductions

If an employee provides notice that they are leaving their job in Alberta, when is their final paycheck due?

Within 1 day

Within 3 days (correct)

Within 5 days

Within 10 days

What was the minimum wage in Alberta as of October 2020?

$15 Signup and view all the answers

How many consecutive hours off work must employees in Alberta have between shifts?

Eight hours Signup and view all the answers

What does employment standards legislation primarily set out?

Minimum terms and conditions of work Signup and view all the answers

Which of the following circumstances allows employees in Alberta to work longer than 12 hours in a day?

Unforeseeable/unpreventable circumstances Signup and view all the answers

Which of the following is a key duty of employers under employment standards legislation?

Ensuring minimum wage compliance Signup and view all the answers

Upon completion of an employment relationship, if no notice is given by the employee, when should they receive their final payment in Alberta?

Within 10 days Signup and view all the answers

What must an employer establish regarding employee compensation?

A regular pay period and pay day Signup and view all the answers

How does employment standards legislation affect collective agreements?

It cannot be undercut by an employment or collective agreement. Signup and view all the answers

Who primarily enforces employment standards legislation?

Employee complaints Signup and view all the answers

What is the typical coverage of employment standards legislation in Alberta?

Approximately 90% of employees in Alberta Signup and view all the answers

What is a requirement for a benefit promised by an employer to be enforced under the Act?

It must relate to a specific benefit under the Act. Signup and view all the answers

Which of the following is NOT true about the scope of employment standards legislation?

It provides universal coverage to all workers. Signup and view all the answers

Which principle does employment standards legislation displace regarding employment terms?

The principle that parties can negotiate work terms freely. Signup and view all the answers

What is the minimum pay rate for overtime work in Alberta?

1.5 times the regular rate for all hours worked beyond 8 hours in a day Signup and view all the answers

Under what condition can an employee receive paid time off instead of overtime pay?

If both the employer and employee agree to it Signup and view all the answers

What is the required eating period for employees working 5 hours in Alberta?

½ hour with pay Signup and view all the answers

What happens if an employee does not take the time off they accrued from overtime within three months?

They must be paid 1.5 times their overtime pay Signup and view all the answers

How many weeks of annual vacation does an employee earn after 5 years of service?

3 weeks Signup and view all the answers

What is required for an employee to be entitled to annual vacation?

Accumulating at least 12 months of continuous service Signup and view all the answers

Which statement about coffee breaks is true in Alberta?

Employers have no statutory obligation to provide coffee breaks Signup and view all the answers

What can reduce the entitlement of vacation days for an employee?

Taking unpaid leave Signup and view all the answers

How is vacation pay calculated in Alberta?

At least 4% of wages earned during a 12 month period Signup and view all the answers

Which of the following does NOT count as part of 'wages' when determining vacation pay in Alberta?

Sick leave pay Signup and view all the answers

What must happen when a general holiday falls during an employee's vacation in Alberta?

The employee does not lose their holiday pay rights Signup and view all the answers

Which of the following is the minimum duration for maternity leave in Alberta?

16 weeks Signup and view all the answers

What is the minimum continuous employment requirement for an employee to qualify for maternity leave in Alberta?

90 days Signup and view all the answers

If an employee is asked to work on a general holiday, what pay are they entitled to?

1.5 times the regular wage, plus average day's pay Signup and view all the answers

How much advance notice must an employee provide to take maternity leave?

6 weeks Signup and view all the answers

What is the maximum time before delivery a maternity leave can commence in Alberta?

13 weeks Signup and view all the answers

What is the maximum duration of parental leave that both parents can take in Alberta?

37 consecutive weeks Signup and view all the answers

What is required from an employee before resuming work after maternity or parental leave?

Written notice at least 4 weeks before resume date Signup and view all the answers

What condition allows an employer to terminate an employee during maternity or parental leave?

Business discontinuation Signup and view all the answers

What is the minimum duration of employment required for an employee to qualify for compassionate care leave?

90 days Signup and view all the answers

How much notice must an employee provide to their employer when taking reservist leave?

4 weeks Signup and view all the answers

What must an employee who is the primary caregiver of an ill family member obtain to qualify for compassionate care leave?

A medical certificate from a qualified health practitioner Signup and view all the answers

Which type of leave allows employees up to 20 days per year for annual training?

Reservist Leave Signup and view all the answers

What is the key requirement to reinstate an employee who took compassionate care leave?

Employer must ensure a comparable position Signup and view all the answers

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.