Employment Standards Quiz

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Questions and Answers

Which of the following is defined as an individual employed to do work who receives or is entitled to wages?

  • Employer
  • Director
  • Employee (correct)
  • Third Party

What is the term for a demand issued by the Director under specific sections of the code?

  • Director's Demand (correct)
  • Notification
  • Enforcement Order
  • Collection Notice

Under what circumstances may an employee's complaints be refused?

  • If the complaint is resolved informally
  • If the employer contests the claim
  • If the complaint is against a third party
  • If there is no valid evidence (correct)

What action is described by filing an order under the Employment Standards Code?

<p>Registering a judgment in land titles office (D)</p> Signup and view all the answers

Which section allows for an employee to appeal a decision made by an officer?

<p>Section 88 (A)</p> Signup and view all the answers

Which of the following is an example of an administrative penalty?

<p>A fine ordered under section 123.1 (A)</p> Signup and view all the answers

What constitutes an order of an officer in the context of employment standards?

<p>A written demand for compliance (A)</p> Signup and view all the answers

What happens if an employee fails to return to work on the specified date after a leave period?

<p>The employee is not entitled to resume work unless there were unforeseeable circumstances. (C)</p> Signup and view all the answers

What is required of an employee intending to terminate employment after maternity or parental leave?

<p>At least 4 weeks' written notice. (B)</p> Signup and view all the answers

What must an employer do if an employee entitled to resume work under this section returns on time?

<p>Reinstate the employee in the same position or provide comparable work. (C)</p> Signup and view all the answers

What happens if an employee fails to provide 4 weeks' notice before the end of their leave?

<p>They cannot resume work unless due to unforeseeable circumstances. (B)</p> Signup and view all the answers

Which of the following statements about returning to work after maternity or parental leave is NOT true?

<p>Employees can decide to terminate their employment at any time without prior notice. (A)</p> Signup and view all the answers

What is the minimum period of maternity leave that an employee must take following delivery, unless otherwise agreed upon?

<p>6 weeks (D)</p> Signup and view all the answers

How much notice must a pregnant employee give to her employer before starting maternity leave?

<p>6 weeks (B)</p> Signup and view all the answers

If an employee does not notify her employer before starting maternity leave, what is the maximum time frame in which she must provide a medical certificate?

<p>2 weeks (D)</p> Signup and view all the answers

What must accompany the written notice if requested by the employer?

<p>Medical certificate certifying the pregnancy (A)</p> Signup and view all the answers

What condition allows an employee to shorten her maternity leave?

<p>If she has a medical certificate (C)</p> Signup and view all the answers

In which circumstance is a pregnant employee NOT entitled to maternity leave?

<p>If she does not provide a medical certificate (B)</p> Signup and view all the answers

What is the primary purpose of the medical certificate required for maternity leave?

<p>To provide assurance of pregnancy status (D)</p> Signup and view all the answers

What happens if a pregnant employee ceases to work for reasons related to her pregnancy?

<p>She must still provide a medical certificate. (D)</p> Signup and view all the answers

If a pregnant employee's pregnancy ends other than by live birth, what is her entitlement regarding maternity leave?

<p>Full maternity leave as if she had delivered normally. (B)</p> Signup and view all the answers

What is the minimum overtime rate an employee must receive if time off with pay is not provided?

<p>1.5 times the employee’s wage rate (A)</p> Signup and view all the answers

What requirement is specified regarding the amendment or termination of an overtime agreement?

<p>At least one month’s written notice is required (C)</p> Signup and view all the answers

Within what time frame must time off with pay be provided to the employee after it is earned?

<p>Within 6 months after the pay period (C)</p> Signup and view all the answers

What must an employer provide each employee affected by an overtime agreement?

<p>A copy of the overtime agreement (A)</p> Signup and view all the answers

What happens if an employee has not been employed by the employer at the time the overtime agreement was made?

<p>The agreement still applies to the employee (A)</p> Signup and view all the answers

What is one condition under which the time off with pay period can be extended beyond 6 months?

<p>If it is part of a collective agreement with a longer period (A)</p> Signup and view all the answers

Which of the following is NOT included in the provisions of an overtime agreement?

<p>Ongoing monthly wage increases (A)</p> Signup and view all the answers

What is required from the employee in relation to the overtime pay agreement?

<p>The agreement is deemed to cover all employees in the group (D)</p> Signup and view all the answers

What must happen if an employer fails to provide time off with pay as stipulated?

<p>The employee is entitled to overtime pay at the specified rate (C)</p> Signup and view all the answers

What percentage of wages must an employer pay an employee entitled to 2 weeks’ vacation upon termination of employment?

<p>4% (A)</p> Signup and view all the answers

How long can a pregnant employee take unpaid maternity leave at maximum?

<p>16 weeks (A)</p> Signup and view all the answers

What must be considered when calculating vacation pay for the following year?

<p>The vacation pay paid in the previous year (C)</p> Signup and view all the answers

What happens to vacation pay when an employee is absent from work?

<p>It is reduced proportionally to absence (C)</p> Signup and view all the answers

What is the minimum time required for an employee to qualify for maternity leave?

<p>90 days (A)</p> Signup and view all the answers

What is the vacation pay percentage for an employee entitled to 3 weeks’ vacation upon termination?

<p>6% (A)</p> Signup and view all the answers

If an employee has taken their vacation pay in the current year, what is its significance for the next year?

<p>It is deemed wages for the next year's vacation pay calculation (D)</p> Signup and view all the answers

When does unpaid maternity leave start?

<p>During the 12 weeks before the delivery date (A)</p> Signup and view all the answers

How does being absent from work affect an employee's vacation entitlement?

<p>It may reduce their vacation entitlement (C)</p> Signup and view all the answers

What is required for vacation pay to be calculated correctly for an employee's vacation entitlement?

<p>Employee's wages from the last vacation pay period (A)</p> Signup and view all the answers

Flashcards

Collective Agreement

An agreement in writing between an employer or an employers’ organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements.

Employee

An individual employed to do work who receives or is entitled to wages and includes a former employee, but does not include an individual who is a member of a class of individuals excluded by the regulations.

Employer

A person who employs an employee and includes a former employer.

Third Party

A person to whom a Director’s demand is issued, and includes the Crown in right of Alberta.

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Hours of Work

The period of time during which an employee works for an employer, and time off with pay instead of overtime pay provided by an employer and taken by an employee.

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Overtime Rate

The hourly rate of pay for overtime hours.

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Wage Rate

The hourly rate of pay for wages.

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Overtime Agreement

An agreement between an employer and employee, allowing for time off with pay instead of overtime pay.

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Time Off With Pay

Time off with pay given to an employee in lieu of overtime pay, taken at a time when they could have worked and earned wages.

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Notice Period for Agreement Termination

The period of time after which an overtime agreement can be amended or terminated, giving each party one month's written notice to the other.

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Vacation pay upon termination

When employment ends after an employee qualifies for annual vacation, the employer must pay vacation pay based on the time the employee would have been entitled to had they stayed employed.

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Vacation pay calculation (2 weeks)

For employees with 2 weeks of vacation: at least 4% of their wages from the last time they qualified for vacation until their termination date.

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Vacation pay calculation (3 weeks)

For employees with 3 weeks of vacation: at least 6% of their wages from the last time they qualified for vacation until their termination date.

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Vacation pay as wages

Vacation pay earned in one year is considered wages for calculating the next year's vacation pay.

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Vacation reduction for absences

Employers can reduce vacation and vacation pay proportionally to the number of days an employee is absent.

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Maternity leave eligibility

A pregnant employee who has worked for the same employer for at least 90 days qualifies for unpaid maternity leave.

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Length of maternity leave

Maternity leave is a period of up to 16 weeks, starting anytime during the 12 weeks before the expected delivery date.

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Returning to work after maternity/parental leave

An employee on maternity or parental leave must return to work by the specified date in the notice, unless the delay is due to unforeseeable or unpreventable circumstances.

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Notifying the employer about not returning to work

An employee must notify their employer at least four weeks before the end of their maternity or parental leave if they don't plan to return to work.

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Reinstatement after maternity/parental leave

An employer must reinstate an employee to their previous position or offer comparable alternative employment upon return from maternity or parental leave.

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Terminating employment after maternity/parental leave

An employee must provide four weeks' notice before the end of their leave period if they wish to terminate employment after maternity or parental leave.

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Employee's right to resume work after leave

An employee is entitled to resume work after maternity or parental leave unless they fail to provide four weeks' notice or their failure to return is not due to unforeseeable or unpreventable circumstances.

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Maternity Leave

A period of leave granted to a pregnant employee after the birth of a child, with a minimum duration of 6 weeks.

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Medical Certificate (Pregnancy)

A medical document certifying the employee's pregnancy and providing the estimated date of delivery.

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Notice of Maternity Leave

The employee must notify their employer in writing at least 6 weeks before starting maternity leave.

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No Notice of Maternity Leave

If an employee fails to provide prior notice of maternity leave, they can still be eligible by providing a medical certificate within 2 weeks after ceasing work.

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Medical Condition (Pregnancy)

A medical condition arising from pregnancy that prevents the employee from working.

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Estimated Date of Delivery

The date on which the baby is expected to be born.

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Maternity Leave Start Date

The date the employee starts maternity leave, as specified in the written notice given to the employer.

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Shortening Maternity Leave

An employee can shorten the mandatory 6-week maternity leave period with a medical certificate from their doctor.

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Maternity Leave (Non-Live Birth)

A pregnant employee is entitled to maternity leave even if the pregnancy does not result in a live birth, as long as it ends within 16 weeks of the estimated due date.

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Employment Standards Code

A legal document governing the relationship between an employer and a pregnant employee regarding maternity leave.

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Study Notes

Alberta Employment Standards Code

  • This document details the Employment Standards Code of Alberta, as revised in 2000
  • It is current as of May 23, 2024
  • Published by the Alberta King's Printer
  • Contact information for the Alberta King's Printer is provided, including address, phone number, email, and website.
  • Alberta King's Printer holds copyright for all Alberta legislation
  • Reproduction of statutes and regulations is permitted without charge, provided accuracy is maintained and that copyright is acknowledged.

Note

  • This consolidation has no legislative sanction
  • It serves for reference only and is not a definitive document; always check the official statutes for precise interpretation
  • Amendments are included for ease of reference but should not be considered the official governing law

List of Regulations

  • A detailed list of Employment Standards Code regulations and amendments is included
  • This list provides the amendment references (Alta. Reg.) for each regulation

Table of Contents for Chapter E-9

  • The document contains a thorough table of contents, outlining the structure and organization of the Employment Standards Code
  • Highlights the various sections covering aspects like:
    • Interpretation
    • Application and Operation of the Act
    • Employment Standards
    • Paying Earnings
    • Employment Records
    • Hours of Work
    • General Holidays
    • Vacations
    • Maternity/Parental Leave
    • Reservist Leave
    • Compassionate Care Leave
    • Child Leave
    • Long-term Illness and Injury Leave
    • Other Leaves
    • Termination of Employment
    • Restriction on Employment of Children
    • Administration

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