Employment Standards Code (Alberta) PDF

Province of Alberta EMPLOYMENT STANDARDS CODE Revised Statutes of Alberta 2000 Chapter E-9 Current as of May 23, 2024 Office Consolidation © Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza...

Province of Alberta EMPLOYMENT STANDARDS CODE Revised Statutes of Alberta 2000 Chapter E-9 Current as of May 23, 2024 Office Consolidation © Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: [email protected] Shop on-line at kings-printer.alberta.ca  Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Employment Standards Code Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Employment Standards Code Employment Standards..................................14/97............... 158/97, 249/97, 135/98, 88/99, 135/99, 114/2000, 327/2003, 354/2003, 28/2004, 108/2004, 221/2004, 8/2005, 60/2005, 105/2005, 35/2007, 134/2007, 39/2008, 68/2008, 45/2009, 164/2010, 78/2011, 102/2011, 31/2012, 93/2012, 114/2012, 170/2012, 84/2013, 232/2013, 97/2014, 130/2015, 145/2016, 246/2017, 218/2018, 45/2019, 56/2019, 71/2019, 72/2019, 81/2019, 172/2019, 181/2019, 182/2019, 159/2020, 218/2022, 22/2024 Employment Standards (COVID-19 Leave) Repeal......................96/2024  EMPLOYMENT STANDARDS CODE Chapter E-9 Table of Contents 1 Interpretation Part 1 Application and Operation of this Act 2 Application of this Act 2.1 Farm and ranch exemptions 2.2 Exemptions, modifications and substitutions 3 Civil remedies and greater benefits 4 Minimum standards cannot be avoided 5 Employment deemed continuous 5.1 Continuation of order Part 2 Standards Division 1 Paying Earnings 7 Pay periods 8 Payment of wages, overtime pay and general holiday pay 8.1 Payment of minimum wage 11 Ways of paying earnings 12 Deductions from earnings 13 Notice required before earnings reduced Division 2 Employment Records 14 Records to be maintained 15 Keeping employment records Division 3 Hours of Work 16 Hours of work confined 1  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 17 Notice of work times 18 Rest periods 19 Days of rest Division 4 Overtime and Overtime Pay 21 Overtime hours 22 Overtime pay 23 Overtime agreements 23.1 Hours of work averaging arrangements 24 Incentive pay - hourly wage for calculation of overtime Division 5 General Holidays and General Holiday Pay 24.1 Average daily wage 25 General holidays in Alberta 26 Eligibility for general holiday pay 27 Resolving doubts about general holiday pay entitlements 28 General holiday pay — not working on a normal work day 29 General holiday pay — working on a normal work day 30 General holiday pay — working on unscheduled work day 31 General holiday during annual vacation 32 Incentive pay - hourly wage for calculating general holiday pay 33 Effect of general holiday on overtime calculation 33.1 General holiday pay on termination Division 6 Vacations and Vacation Pay 34 Basic vacation entitlement 34.1 Vacation pay for employee paid monthly 34.2 Vacation pay for employee paid other than monthly 35 Vacation entitlements with a common anniversary date 36 Computing 5 or more years of employment 37 How vacation is to be given 38 Dates for annual vacations 41 When vacation pay is to be paid 42 Vacation pay on termination of employment 43 When vacation pay is considered to be wages 44 Reductions in vacation and vacation pay Division 7 Maternity Leave and Parental Leave 45 Entitlement to maternity leave 2  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 46 Length of maternity leave 47 Notice of maternity leave 48 No notice of maternity leave 49 Notice of employer to start maternity leave 50 Parental leave 51 Notice of parental leave 52 Termination of employment prohibited during maternity leave and parental leave 53 Resumption of employment 53.1 Suspension of operations Division 7.1 Reservist Leave 53.2 Reservist leave 53.3 Request for proof 53.4 Termination of employment 53.5 Resumption of employment 53.6 Suspension of operations 53.7 Leave and vacation conflict Division 7.2 Compassionate Care Leave 53.9 Compassionate care leave 53.91 Termination of employment 53.92 Notice to return to work 53.93 Suspension of operations 53.94 Leave and vacation conflict Division 7.3 Death or Disappearance of Child Leave 53.95 Death or disappearance of child leave 53.951 Termination of employment 53.952 Notice to return to work 53.953 Suspension of operations 53.594 Leave and vacation conflict Division 7.4 Critical Illness of Child Leave 53.96 Critical illness of child leave 53.961 Termination of employment 53.962 Notice to return to work 53.963 Suspension of operations 53.964 Leave and vacation conflict 3  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 Division 7.5 Long-term Illness and Injury Leave 53.97 Entitlement to leave 53.971 Termination of employment 53.972 Notice to return to work 53.973 Suspension of operations 53.974 Leave and vacation conflict Division 7.6 Other Leaves 53.98 Definition 53.981 Domestic violence leave Personal and Family Responsibility Leave 53.982 Unpaid leave for personal and family responsibilities Bereavement Leave 53.983 Unpaid bereavement leave Leave for Citizenship Ceremony 53.984 Unpaid leave for citizenship ceremony Termination of Employment 53.985 Termination of employment Division 8 Termination of Employment 54 Calculating length of employment for termination notice purposes 55 Options for employer to terminate employment 56 Employer’s termination notice 57 Termination pay 58 Termination of employment by an employee 59 Expediting termination of employment after an employee’s termination notice 60 Continuation of employment after termination 61 Earnings not to change after termination notice given 61.1 Use of entitlements during the notice period Layoff and Recall 62 Temporary layoff 63 Termination pay after temporary layoff 64 Recall 4  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 Division 9 Restriction on Employment of Children 65 Employment of children 66 Conditions of a child’s employment Part 3 Administration Division 1 General 68 Director and Registrar 69 Establishment of appeal body 70 Liability of officials 71 Delegation 72 Services by others 73 Alternative dispute resolution 74 Director’s variance or exemption 74.1 Minister’s variance or exemption Division 2 Employment Standards Officers 75 Certification and appointment of officers 76 Director exercising powers, etc. of officer 77 Inspections, investigations, inquiries 78 Assistance to officers 78.1 Officer directed audit 79 Directions 80 Single employer declaration 81 Effect of declaration Division 3 Employment Standards Complaints, Investigations and Determinations 82 Employee complaints 83 When complaints may be refused 83.1 When complaints must be refused 84 Mediation by officer 85 Decision of officer 86 Complaints referred to Director 87 Order of an officer 88 Appeal to Director 89 Order for reinstatement or compensation 90 Limitation periods for orders 91 General provisions about orders 5  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 92 Revocations or amendments by officer 92.1 Revocations or amendments by Director 93 Amendments and appeal from amendments 94 Settlement or compromise by Director Division 4 Appeals to the Appeal Body 95 Appeal to appeal body 96 Appeal referred to appeal body 97 Abandonment of appeal Conduct of Proceedings 98 Fair process 99 Conduct of appeal 100 Evidence 102 Obtaining evidence 103 Failure to appear 104 Form of decision 105 Settlement 106 Correction of errors 107 Appeal body’s decision 108 Disbursement of money held by Director Part 4 Orders and Decisions and Director’s Demands to Third Parties 108.1 Application of Part Division 1 Enforcement of Orders and Decisions 109 Deemed trust 110 Filing of order 111 Registration of order in land titles office 112 Liability of directors of corporate employers 113 Reciprocal enforcement of orders Division 2 Director’s Demand to Third Parties 114 Definitions 115 Director’s demand to third party 116 Duties of third party 116.1 Joint debt or account 117 Right of third party to make deductions 6  RSA 2000 EMPLOYMENT STANDARDS CODE Chapter E-9 118 Debt created 119 Liability of third party not discharged 120 Receipt issued by Director 120.1 Payment priorities 121 Payment of money received 122 Director’s collection notice 123 Disposition of money received Part 4.1 Administrative Penalties Division 1 Offences and Penalties 123.1 Administrative penalties Part 5 Offences, Procedures and Regulations Division 1 Offences and Penalties 124 No dismissal for garnishment proceedings 125 Adverse effect on employment prohibited 127 Premium for employment prohibited 128 Employer prohibitions 129 Offences 131 Corporate offences 132 Penalty 133 Prosecutions Division 2 Procedural Matters 134 Non-compellable witness 135 Service of documents 136 Certification of copies 136.1 Publication 137 Group termination Division 3 Regulations 138 Regulation-making authority Preamble RECOGNIZING that a mutually effective relationship between employees and employers is critical to the capacity of Albertans to 7  RSA 2000 Section 1 EMPLOYMENT STANDARDS CODE Chapter E-9 prosper in the competitive world-wide market economy of which Alberta is a part; ACKNOWLEDGING that it is fitting that the worth and dignity of all Albertans be recognized by the Legislature of Alberta through legislation that encourages fair and equitable resolution of matters arising over terms and conditions of employment; REALIZING that the employee-employer relationship is based on a common interest in the success of the employing organization, best recognized through open and honest communication between affected parties; RECOGNIZING that employees and employers are best able to manage their affairs when statutory rights and responsibilities are clearly established and understood; and RECOGNIZING that legislation is an appropriate means of establishing minimum standards for terms and conditions of employment; HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Interpretation 1(1) In this Act, (a) “administrative penalty” means an administrative penalty required to be paid under section 123.1(1); (a.1) “agreement” includes a collective agreement; (a.2) “appeal body” means the appeal body established or designated under section 69; (a.3) “authorizing or enforcement instrument” means a permit, an order of an officer, an order of the Director, a decision of an appeal body, a variance or an exemption under section 74 or 74.1, a notice of an officer under section 77 or 78.1, a direction under section 79, a single employer declaration under section 80 and a director’s certificate under section 112; (b) repealed 2020 c28 s1(2); (b.1) “averaging arrangement” means an hours of work averaging arrangement under section 23.1; 8  RSA 2000 Section 1 EMPLOYMENT STANDARDS CODE Chapter E-9 (b.2) “averaging period” means the period over which hours of work are averaged under an averaging arrangement; (c) “collection notice” means a notice served by the Director under section 122; (d) “collective agreement” means 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; (d.1) repealed 2017 c9 s1; (e) “Court” means the Court of King’s Bench; (f) repealed 2017 c9 s1; (g) “date of delivery” means the date when the pregnancy of an employee terminates with the birth of a child or when the pregnancy otherwise terminates; (h) “Director” means the Director of Employment Standards; (i) “Director’s demand” means a demand by the Director under section 115 or a further demand under section 116(3); (j) “earnings” means wages, overtime pay, vacation pay, general holiday pay and termination pay; (k) “employee” means 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; (l) “employer” means a person who employs an employee and includes a former employer; (m) “employment record” means the employment information required by section 14 to be kept up to date and any other record needed to determine whether an employee is entitled to anything under this Act; (n) “hours of work” means (i) the period of time during which an employee works for an employer, and 9  RSA 2000 Section 1 EMPLOYMENT STANDARDS CODE Chapter E-9 (ii) time off with pay instead of overtime pay provided by an employer and taken by an employee; (o) repealed 2017 c9 s1; (p) “medical certificate” means a statement signed by a physician who is entitled to practise medicine under the laws of the jurisdiction in which the physician practises or by a member of another health profession authorized by the regulations for the purpose of this clause; (q) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (q.1) “notice of administrative penalty” means a notice served under section 123.1(1); (r) “officer” means an employment standards officer; (s) “overtime agreement” means an agreement between an employer and employees under section 23; (s.1) “overtime hours” means (i) overtime hours determined in accordance with section 21, or (ii) for the purposes of entitlement to overtime under an averaging arrangement, overtime hours determined in accordance with the regulations; (s.2) “overtime rate” means the hourly rate of pay for overtime hours; (t) “Registrar” means the Registrar of Appeals; (t.1) “reservist” means a member of the reserve force of the Canadian Forces referred to in subsection 15(3) of the National Defence Act (Canada); (t.2) repealed 2017 c9 s2; (t.3) “termination notice period” means the period commencing from the date the termination notice is given by the employer or the employee and ending on the date the employment terminates; (u) “termination pay” means the pay given to an employee instead of a termination notice; 10  RSA 2000 Section 1 EMPLOYMENT STANDARDS CODE Chapter E-9 (v) “third party” means a person to whom a Director’s demand is issued, and includes the Crown in right of Alberta; (w) repealed 2017 c9 s2; (x) “wages” includes salary, pay, money paid for time off instead of overtime pay, commission or remuneration for work, however calculated, but does not include (i) overtime pay, vacation pay, general holiday pay and termination pay, (ii) a payment made as a gift or bonus that is dependent on the discretion of an employer and that is not related to hours of work, production or efficiency, (iii) expenses or an allowance provided instead of expenses, or (iv) tips or other gratuities; (y) “wage rate” means the hourly rate of pay for wages; (z) “week” means 7 consecutive days; (aa) “work” includes providing a service; (bb) “work day” means a 24-hour period ending at midnight or a 24-hour period as established by the consistent practice of an employer; (cc) “work month” means a calendar month or the period from a time on a specific day in a month to the same time on the same day in the following month as established by the consistent practice of an employer; (dd) “work week” means the period between midnight on a Saturday and midnight on the following Saturday, or 7 consecutive days as established by the consistent practice of an employer; (ee) “year of employment” means a period of 12 consecutive months. (2) A reference to “this Act” includes a regulation made under this Act. RSA 2000 cE-9 s1;2001 c6 s6;2009 c4 s2;2013 c6 s2; 2017 c9 s2;2019 c18 s6;2020 c28 s1(2);AR 217/2022 11  RSA 2000 Section 2 EMPLOYMENT STANDARDS CODE Chapter E-9 Part 1 Application and Operation of this Act Application of this Act 2(1) This Act applies to all employers and employees, including the Crown in right of Alberta and its employees, except as otherwise provided in this Part. (2) Except for provisions relating to leaves under Divisions 7 to 7.6 and other provisions of this Act necessary to give effect to those provisions, this Act does not apply to (a) employees who are members of a municipal police service appointed pursuant to the Police Act and their employers with respect to the employment of those employees, or (b) employees and employers to the extent that another Act states that this Act or a provision of it does not apply to them. (3), (4) Repealed 2017 c9 s3. RSA 2000 cE-9 s2;2001 c6 s6;2003 c26 s19; 2009 c4 s3;2013 c6 s3;2011 c12 s33;2017 c9 s3 Farm and ranch exemptions 2.1(1) The following do not apply to employees who are employed in a farming or ranching operation referred to in subsection (4) or to their employer while acting in the capacity of employer of those employees: (a) sections 16 and 18 of Part 2, Division 3, Hours of Work; (b) Part 2, Division 4, Overtime and Overtime Pay. (2) Despite subsection (1), this Act does not apply to (a) employees described in subsection (3) who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, and (b) employees who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, if the operation employs 5 or fewer employees, not including (i) employees described in subsection (3), and 12  RSA 2000 Section 2.1 EMPLOYMENT STANDARDS CODE Chapter E-9 (ii) employees who are employed by the employer for fewer than 6 consecutive months. (3) The following are employees that are described for the purpose of subsection (2): (a) an employee who is a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (b) an employee who is a family member of a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (c) an employee who is a family member of a sole proprietor engaged in a farming or ranching operation; (d) an employee who is a family member of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family. (4) For the purposes of subsections (1) and (2) an employee is employed in a farming or ranching operation if the employee’s employment is directly related to (a) the primary production of eggs, milk, grain, seeds, fruit, vegetables, mushrooms, sod, trees, shrubs, plants, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, (b) the primary production of a product referred to in clause (a) in a greenhouse or nursery, or (c) any other primary agricultural operation specified in the regulations. (5) In this section, “family member”, in relation to a shareholder, sole proprietor or partner, means (a) the spouse or adult interdependent partner of the shareholder, sole proprietor or partner, or (b) whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner or of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner, 13  RSA 2000 Section 2.2 EMPLOYMENT STANDARDS CODE Chapter E-9 and includes any other person who is a member of a class of persons designated in the regulations under the Employment Standards Code. 2017 c9 s4;2019 c19 s2 Exemptions, modifications and substitutions 2.2 Despite anything in this Act, regulations under section 138 may (a) exempt an employment, employer or employee from Part 2 or any provision of it, and (b) vary or substitute any provision of Part 2 in respect of an employment, employer or employee. 2017 c9 s4 Civil remedies and greater benefits 3(1) Nothing in this Act affects (a) any civil remedy of an employee or an employer; (b) an agreement, a right at common law or a custom that (i) provides to an employee earnings, leaves of the types described in Divisions 7 to 7.6 or other benefits that are at least equal to those under this Act, or (ii) imposes on an employer an obligation or duty greater than that under this Act. (2) If under an agreement an employee is to receive greater earnings or leaves of the types described in Divisions 7 to 7.6 than those for which this Act provides, the employer must give those greater benefits. RSA 2000 cE-9 s3;2001 c6 s6;2009 c4 s4;2013 c6 s4;2017 c9 s5 Minimum standards cannot be avoided 4 An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void. 1996 cE-10.3 s4 Employment deemed continuous 5 For the purposes of this Act, the employment of an employee is deemed to be continuous and uninterrupted when a business, undertaking or other activity or part of it is sold, leased, transferred or merged or if it continues to operate under a receiver or receiver-manager. 1996 cE-10.3 s5 14  RSA 2000 Section 5.1 EMPLOYMENT STANDARDS CODE Chapter E-9 Continuation of order 5.1 Notwithstanding the lapse or termination of the order of the Minister of Labour and Immigration numbered M.O. 2020-26, the terms of the order continue to have effect in relation to this Act for 18 months after the date of the lapse or termination of M.O. 2020-26. 2020 c13 s3 Part 2 Standards 6 Repealed 2017 c9 s6. Division 1 Paying Earnings Pay periods 7(1) Every employer must establish one or more pay periods for the calculation of wages and overtime pay due to an employee. (2) A pay period must not be longer than one work month. 1996 cE-10.3 s7 Payment of wages, overtime pay and general holiday pay 8(1) Wages, overtime pay and general holiday pay earned in a pay period must be paid by an employer not later than 10 consecutive days after the end of each pay period. (2) When an employee’s employment terminates, the employer must pay the employee’s earnings within whichever of the following periods the employer chooses: (a) 10 consecutive days after the end of the pay period in which the termination of employment occurs; (b) 31 consecutive days after the last day of employment. RSA 2000 cE-9 s8;2020 c28 s1(3) Payment of minimum wage 8.1 An employer must pay an employee at a wage rate that is at least the minimum wage established by regulation. 2017 c9 s7 9 and 10 Repealed 2020 c28 s1(4). Ways of paying earnings 11(1) In this section, “authorized financial institution” means a bank, treasury branch, credit union, loan corporation, trust 15  RSA 2000 Section 12 EMPLOYMENT STANDARDS CODE Chapter E-9 corporation or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada). (2) An employee’s earnings must be paid by an employer in Canadian currency (a) in cash or by cheque, bill of exchange or order to pay, payable on demand, drawn on an authorized financial institution, or (b) if the employer so chooses, by direct deposit to the employee’s account in an authorized financial institution of the employee’s choice. 1996 cE-10.3 s11 Deductions from earnings 12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money unless allowed to do so by subsection (2). (2) An employer may deduct from the earnings of an employee a sum of money that is (a) permitted or required to be deducted by an Act or regulation, including a regulation under this Act, or a judgment or order of a court, (a.1) a recovery of an overpayment of earnings paid to the employee resulting from a payroll calculation error, (a.2) a recovery of vacation pay paid to the employee in advance of the employee being entitled to it, (b) authorized to be deducted by a collective agreement that is binding on the employee, or (c) personally authorized in writing by the employee to be deducted. (2.1) An employer must not deduct from the earnings of an employee a sum of money referred to in subsection (2)(a.1) more than 6 months after the overpayment was paid to the employee. (3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer must not deduct from earnings a sum for (a) faulty work, as defined in the regulations, of the employee or damage caused by the employee, 16  RSA 2000 Section 13 EMPLOYMENT STANDARDS CODE Chapter E-9 (b) cash shortages or loss of property if an individual other than the employee had access to the cash or property, (c) cash shortages resulting from a failure to collect all or any part of the purchase price from a purchaser, or (d) any other circumstance specified by the regulations. (4) An employer must give an employee written notice of a deduction from earnings under subsection (2)(a.1) or (a.2) before making the deduction. RSA 2000 cE-9 s12;2017 c9 s9;2020 c28 s1(5) Notice required before earnings reduced 13(1) An employer must give each employee notice of a reduction of the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the start of the employee’s pay period in which the reduction is to take effect. (2) If an employer does not comply with subsection (1), an employee is entitled to the difference between the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the reduction and those rates and pay after the reduction from the time in the pay period in which the reduction was first applied to the end of that pay period. 1996 cE-10.3 s13 Division 2 Employment Records Records to be maintained 14(1) Every employer must keep an up-to-date record of the following information for each employee: (a) regular and overtime hours of work for each work day; (b) wage rate and overtime rate; (c) earnings paid showing separately each component of the earnings for each pay period; (d) deductions from earnings and the reason for each deduction; (e) time off instead of overtime pay provided and taken; (f) any other information required by the regulations. (2) At the end of each pay period, an employer must provide a written statement to each employee setting out, in respect of the employee, 17  RSA 2000 Section 14 EMPLOYMENT STANDARDS CODE Chapter E-9 (a) the information described in subsection (1), and (b) the period of employment covered by the statement. (3) Repealed 2021 c16 s4. (4) An employer must keep an up-to-date record of the following additional information for each employee: (a) name, address and date of birth; (b) the date that the present period of employment started; (c) the date on which a general holiday is taken; (d) each annual vacation, showing the date it started and finished and the period of employment in which the annual vacation was earned; (e) the wage rate and overtime rate when employment starts, the date of any change to wage rates or overtime rates, and particulars of every change to them; (f) copies of documentation relating to a leave under Divisions 7 to 7.6; (f.1) copies of overtime agreements under section 23; (f.2) copies of averaging arrangements under section 23.1; (f.3) copies of parental consents under Division 9; (f.4) copies of agreements under section 61.1(1); (f.5) copies of permits issued under this Act and the regulations; (f.6) copies of exemptions or variances issued under section 74 and 74.1; (f.7) any other information required by the regulations; (g) copies of any layoff notices or recall notice after a temporary layoff; (h) copies of any termination notices. (5) On request, an employer must give to an employee a detailed statement of how the employee’s earnings were calculated and the method of calculating any bonus or living allowance paid, whether or not it forms part of wages. 18  RSA 2000 Section 15 EMPLOYMENT STANDARDS CODE Chapter E-9 (6) No employer, employee or other person shall falsify an employment record or give any false or misleading information in respect of employment records. RSA 2000 cE-9 s14;2001 c6 s6;2009 c4 s5; 2013 c6 s5;2017 c9 s10;2020 c28 s1(6); 2021 c16 s4 Keeping employment records 15 Employment records must be retained by an employer for at least 3 years from the date each record is made. 1996 cE-10.3 s15 Division 3 Hours of Work Hours of work confined 16(1) An employer must confine an employee’s hours of work within a period of 12 consecutive hours in any one work day unless an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circumstances occur. (2) If hours of work have to be extended, they are to be increased only to the extent necessary to avoid serious interference with the ordinary working of a business, undertaking or other activity. (3) This section does not apply if different hours of work confinement provisions are agreed to under a collective agreement. RSA 2000 cE-9 s16;2017 c9 s11;2020 c28 s1(7) Notice of work times 17(1) Every employer must notify the employees of the time at which work starts and ends by posting notices where they can be seen by the employees, or by any other reasonable method. (2) An employer must not require an employee to change from one shift to another without at least 24 hours’ written notice and 8 hours of rest between shifts. (3) This section does not apply if different notice or hours of rest provisions are agreed to under a collective agreement. RSA 2000 cE-9 s17;2020 c28 s1(8) Rest periods 18(1) Subject to subsection (3), an employer must provide an employee who works a shift that exceeds 5 hours but is less than 10 hours with at least one rest period of at least 30 minutes, whether paid or unpaid. 19  RSA 2000 Section 19 EMPLOYMENT STANDARDS CODE Chapter E-9 (2) Subject to subsection (3), an employer must provide an employee who works a shift of 10 hours or more with at least 2 rest periods of at least 30 minutes each, whether paid or unpaid. (3) If an employer and an employee agree, a rest period under subsection (1) or (2) may be taken in 2 periods of at least 15 minutes each. (4) A rest period under this section may be taken at a time agreed to by an employer and an employee. (5) If an employer and an employee do not agree on a rest period schedule for a shift, (a) the employer must provide a rest period of at least 30 minutes, at a time chosen by the employer, within or immediately following the first 5 hours of the shift, and (b) if required under subsection (2), the employer must provide a 2nd rest period of at least 30 minutes, at a time chosen by the employer, after the first 5 hours of the shift. (6) This section does not apply if (a) an accident occurs, urgent work is necessary or other unforeseeable or unpreventable circumstances occur, (b) different rest provisions are agreed to under a collective agreement, or (c) it is not reasonable for the employee to take a rest period. RSA 2000 cE-9 s18;2017 c9 s12;2020 c28 s1(9) Days of rest 19(1) Every employer must allow each employee at least (a) one day of rest in each work week, (b) 2 consecutive days of rest in each period of 2 consecutive work weeks, (c) 3 consecutive days of rest in each period of 3 consecutive work weeks, or (d) 4 consecutive days of rest in each period of 4 consecutive work weeks. 20  RSA 2000 Section 21 EMPLOYMENT STANDARDS CODE Chapter E-9 (2) Every employer must allow each employee at least 4 consecutive days of rest after each 24 consecutive work days. (3) This section does not apply if different days of rest provisions are agreed to under a collective agreement. RSA 2000 cE-9 s19;2020 c28 s1(10) 20 Repealed 2017 c9 s13. Division 4 Overtime and Overtime Pay Overtime hours 21 Overtime hours in respect of a work week are (a) the total of an employee’s hours of work in excess of 8 on each work day in the work week, or (b) an employee’s hours of work in excess of 44 hours in the work week, whichever is greater, and, if the hours in clauses (a) and (b) are the same, the overtime hours are those common hours. 1996 cE-10.3 s21 Overtime pay 22(1) An employer must pay an employee overtime pay for overtime hours at an overtime rate that is at least 1.5 times the employee’s wage rate. (2) Subsection (1) does not apply to an employer or employee who has entered into an overtime agreement. RSA 2000 cE-9 s22;2017 c9 s14 Overtime agreements 23(1) An employee or the majority of a group of employees may enter into an overtime agreement (a) as part of a collective agreement, or (b) if there is no collective agreement, in a written agreement between the employee or group of employees and the employer, that provides that, wholly or partly instead of overtime pay, the employer will provide, and the employee or group of employees will take, time off with pay instead of overtime pay. 21  RSA 2000 Section 23.1 EMPLOYMENT STANDARDS CODE Chapter E-9 (1.1) An agreement under subsection (1) applies to an employee in a group of employees bound by the agreement whether or not the employee was employed by the employer at the time the agreement was entered into. (2) An agreement referred to in subsection (1) is deemed to include at least the following provisions: (a) time off with pay instead of overtime pay will be provided, taken and paid at the employee’s wage rate at a time that the employee could have worked and received wages from the employer; (b) if time off with pay instead of overtime pay is not provided, taken and paid in accordance with clause (a), the employee will be paid overtime pay at an overtime rate of at least 1.5 times the employee’s wage rate for the overtime hours worked; (c) instead of overtime pay, time off with pay will be provided, taken and paid to the employee within 6 months of the end of the pay period in which it was earned unless the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken; (d) no amendment or termination of the agreement is to be effective without at least one month’s written notice given by one party to the agreement to the other. (3) An employer must provide a copy of the overtime agreement to each employee affected by it. (4) An employer must comply with an overtime agreement entered into under this section. (5) Time off with pay earned under section 23(2)(a) of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with section 23(2)(a) of the former Act unless the overtime agreement or overtime agreement that is part of a collective agreement provides for a higher rate. (6) In subsection (5), “former Act” means the Employment Standards Code as it read before September 1, 2019. RSA 2000 cE-9 s22;2017 c9 s15;2019 c8 s1 Hours of work averaging arrangements 23.1(1) Subject to the regulations, if an employer and an employee or a group of employees are not bound by a collective 22  RSA 2000 Section 23.1 EMPLOYMENT STANDARDS CODE Chapter E-9 agreement, the employer may require or permit the employee or group of employees to work an averaging arrangement that provides that the employer will average an employee’s hours of work over a period of one to 52 weeks for the purpose of determining the employee’s entitlement to overtime pay or, instead of overtime pay, time off with pay. (1.1) An employer must give at least 2 weeks’ written notice of a requirement to work an averaging arrangement to each employee to whom the requirement applies unless the employer and the employee agree otherwise. (1.2) Subsection (1.1) does not apply in respect of an employee if the employer gave written notice of the requirement to work the averaging arrangement to the employee before the employee’s employment began. (1.3) Subject to the regulations, an employer or an employer’s organization and a bargaining agent may agree to an averaging arrangement as part of a collective agreement. (2) If there is no collective agreement, an averaging arrangement under this section must be a written arrangement applying to an employer and an employee or a group of employees. (3) An averaging arrangement must (a) be in writing, (b) repealed 2020 c28 s1(11), (c) specify the number of weeks over which hours will be averaged, which must not exceed 52 weeks unless authorized by a variance or exemption under section 74 or 74.1, (d) unless a collective agreement provides otherwise, include a schedule setting out the daily and weekly hours of work for the averaging period and, if the averaging arrangement specifies the matters set out in subsection (4), a statement that the employer may amend the schedule in accordance with the averaging arrangement, and (e) specify the manner in which overtime pay and time off with pay instead of overtime pay will be calculated as provided for in the regulations. (4) Despite the requirement for at least 24 hours’ written notice in section 17(2), if an averaging arrangement specifies the manner in which an employer may amend the schedule of daily and weekly 23  RSA 2000 Section 24 EMPLOYMENT STANDARDS CODE Chapter E-9 hours of work in respect of an employee, the notice required to be given to the employee and the manner in which the notice must be given, the employer may amend the schedule in accordance with the averaging arrangement. (5) The employer must provide each employee to whom an averaging arrangement applies a copy of the averaging arrangement in accordance with the regulations. (6) No employer to which an averaging arrangement applies shall fail to pay overtime in accordance with the averaging arrangement or otherwise fail to comply with the averaging arrangement. (7) The Director may, subject to and in accordance with the regulations, cancel an averaging arrangement and must notify the employer of the cancellation. (8) An employer may appeal the decision of the Director under subsection (7) to an appeal body. (9) A compressed work week arrangement entered into before the repeal of section 20 that is in effect when this section comes into force remains valid (a) until the earlier of the following: (i) one year after the date this section comes into force; (ii) the termination of the compressed work week arrangement, or (b) in the case of a compressed work week agreement made as part of a collective agreement, the day a subsequent collective agreement is entered into. 2017 c9 s16;2020 c28 s1(11);2021 c13 s5 Incentive pay - hourly wage for calculation of overtime 24(1) If an employee is paid entirely on commission or other incentive-based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations. (2) If an employee is paid partly by salary and partly by commission or other incentive-based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate (a) is based on the salary component of the wages, if the salary component is greater than the minimum wage, or 24  RSA 2000 Section 24.1 EMPLOYMENT STANDARDS CODE Chapter E-9 (b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage. 1996 cE-10.3 s24 Division 5 General Holidays and General Holiday Pay Average daily wage 24.1 In this Division, the average daily wage of an employee, in relation to a general holiday, is calculated by averaging the employee’s total wages in whichever of the following periods the employer chooses over the number of days worked by the employee in the period: (a) the 4-week period immediately preceding the general holiday; (b) the 4-week period ending on the last day of the pay period immediately preceding the general holiday. 2020 c28 s1(12) General holidays in Alberta 25 The following days are general holidays in Alberta: (a) New Year’s Day, (b) Alberta Family Day, (c) Good Friday, (d) Victoria Day, (e) Canada Day, (f) Labour Day, (g) Thanksgiving Day, (h) Remembrance Day, (i) Christmas Day, (j) any other day designated, by regulation, as a general holiday by the Lieutenant Governor in Council, and (k) any other day designated as a general holiday under an agreement between an employer and employees, or otherwise designated as a general holiday by an employer. 1996 cE-10.3 s25 25  RSA 2000 Section 26 EMPLOYMENT STANDARDS CODE Chapter E-9 Eligibility for general holiday pay 26(1) An employee is eligible for general holiday pay if the employee has worked for the same employer for 30 work days or more in the 12 months preceding the general holiday. (2) An employee is not entitled to general holiday pay if the employee (a) does not work on a general holiday when required or scheduled to do so, or (b) is absent from employment without the consent of the employer on the employee’s last regular work day preceding, or the employee’s first regular work day following, a general holiday. RSA 2000 cE-9 s26;2017 c9 s17;2019 c8 s1 Resolving doubts about general holiday pay entitlements 27(1) If an employee works an irregular schedule and there is doubt about whether a general holiday is on a day that would normally have been a work day for the employee, the doubt is to be resolved in accordance with subsection (2). (2) If in at least 5 of the 9 weeks preceding the work week in which the general holiday occurs the employee worked on the same day of the week as the day on which the general holiday falls, the general holiday is to be considered a day that would normally have been a work day for the employee. RSA 2000 cE-9 s27;2017 c9 s18;2019 c8 s1 General holiday pay — not working on a normal work day 28 If (a) a general holiday falls on a day that would normally have been a work day for an employee, and (b) the employee does not work on the general holiday, the employer must pay the employee general holiday pay of an amount that is at least the average daily wage of the employee. RSA 2000 cE-9 s28;2017 c9 s19;2019 c8 s1 General holiday pay — working on a normal work day 29(1) If a general holiday is on a day that would normally have been a work day for an employee and the employee works on the general holiday, the employer must comply with clause (a) or (b): 26  RSA 2000 Section 30 EMPLOYMENT STANDARDS CODE Chapter E-9 (a) pay the employee general holiday pay of (i) an amount that is at least the average daily wage of the employee, and (ii) an amount that is at least 1.5 times the employee’s wage rate for each hour of work of the employee on that day, or (b) provide the employee with (i) an amount that is at least the employee’s wage rate times each hour of work on that day, and (ii) one day’s holiday, not later than the employee’s next annual vacation, on a day that would normally be a work day for the employee, and general holiday pay for that day of an amount that is at least the employee’s average daily wage. (2) An amount or a day’s holiday earned under section 29 of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with section 29 of the former Act. (3) In subsection (2), “former Act” means the Employment Standards Code as it read before September 1, 2019. RSA 2000 cE-9 s29;2017 c9 s20;2019 c8 s1 General holiday pay — working on unscheduled work day 30 If (a) a general holiday is on a day that is not normally a work day for an employee, and (b) the employee works on the general holiday, the employer must pay the employee general holiday pay of an amount that is at least 1.5 times the wage rate of the employee for each hour of work on that day. RSA 2000 cE-9 s30;2017 c9 s21;2019 c8 s1 General holiday during annual vacation 31(1) If a general holiday occurs during an employee’s annual vacation, the employer must, if the general holiday is one to which the employee would have been entitled had the employee not been on annual vacation, give the employee a holiday with general holiday pay of a sum that is at least equal to the average daily wage of the employee. 27  RSA 2000 Section 32 EMPLOYMENT STANDARDS CODE Chapter E-9 (2) The general holiday must be taken (a) on what would have been the employee’s first day back to work after the annual vacation, or (b) by agreement with the employee, on another day after the annual vacation that would normally be a working day for the employee, and provide it before the employee’s next annual vacation. 1996 cE-10.3 s31 Incentive pay - hourly wage for calculating general holiday pay 32(1) If an employee is paid entirely on commission or other incentive-based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations. (2) If an employee is paid partly by salary and partly by commission or other incentive-based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate (a) is based on the salary component of the wages, if the salary component is greater than the minimum wage, or (b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage. 1996 cE-10.3 s32 Effect of general holiday on overtime calculation 33 When an employee works on a general holiday and is paid general holiday pay of at least 1.5 times the employee’s wage rate for each hour worked, the hours worked are not to be counted for the purpose of calculating any entitlement to overtime pay under Part 2, Division 4, Overtime and Overtime Pay, for the work week in which the general holiday occurs. 1996 cE-10.3 s33 General holiday pay on termination 33.1(1) If an employee has not taken a holiday to which the employee is entitled under section 29(1)(b)(ii) and (a) the employment of the employee is terminated by the employer, the employee is entitled to be paid general holiday pay calculated under section 29(1)(a) less the amount paid to the employee under section 29(1)(b)(i), or 28  RSA 2000 Section 34 EMPLOYMENT STANDARDS CODE Chapter E-9 (b) the employment of the employee is terminated by the employee, the employee is entitled to be paid at least the employee’s average daily wage. (2) If the employment of an employee is terminated and at the time of termination a general holiday has not been taken under section 31(2), the employer must pay the employee an amount that is at least the employee’s average daily wage for each general holiday not taken. 2017 c9 s22;2019 c8 s1 Division 6 Vacations and Vacation Pay Basic vacation entitlement 34(1) An employer must provide an annual vacation to an employee of at least (a) 2 weeks after each of the first 4 years of employment, and (b) 3 weeks after 5 consecutive years of employment and each year of employment after that, unless section 35 applies. (2) For greater certainty, a period during which an employee is on leave under Divisions 7 to 7.6 is included when calculating the employee’s years of employment for the purposes of subsection (1). RSA 2000 cE-9 s34;2017 c9 s23;2020 c28 s1(13) Vacation pay for employee paid monthly 34.1 For each week of vacation, the employer must pay an employee paid by the month vacation pay of an amount at least equal to the employee’s wages for the employee’s normal hours of work in a work month divided by 4 1/3. 2017 c9 s24 Vacation pay for employee paid other than monthly 34.2 The employer must pay an employee who is not paid by the month vacation pay of an amount at least equal to, (a) for an employee entitled to 2 weeks’ vacation or any lesser amount, 4% of the employee’s wages for the year of employment for which vacation is given, or (b) for an employee entitled to 3 weeks’ vacation, 6% of the employee’s wages for the year of employment for which vacation is given. 2017 c9 s24 29  RSA 2000 Section 35 EMPLOYMENT STANDARDS CODE Chapter E-9 Vacation entitlements with a common anniversary date 35(1) For the purpose of calculating vacation and vacation pay, an employer may establish a common anniversary date for all employees or a group of them. (2) If an employer establishes a common anniversary date, then, despite any other provision in this Division, (a) the amount of vacation pay, and (b) the length of an employee’s vacation, must not be reduced to less than the employee would have received if the common anniversary date had not been established. (3) If an employee has a common anniversary date, the employee becomes entitled to an annual vacation as follows: (a) on the first common anniversary date after employment starts with the employer, at least 2 weeks’ vacation or a proportionately lesser period of vacation if the employee has been employed for less than one year; (b) on the 2nd, 3rd, 4th and 5th common anniversary date after employment starts with the employer, at least 2 weeks’ vacation; (c) on the 6th common anniversary date after employment starts with the employer, at least (i) 3 weeks’ vacation, and (ii) vacation for the period that the proportion referred to in clause (a), if any, bears to one week; (d) on the 7th and subsequent common anniversary dates after employment starts with the employer, at least 3 weeks’ vacation. 1996 cE-10.3 s35 Computing 5 or more years of employment 36 When it is necessary to determine whether an employee has been employed by an employer for 5 years of employment, or to determine whether the 6th common anniversary date has occurred, any break in the employee’s employment with the employer of less than 90 days is to be counted as a period of continuous employment. RSA 2000 cE-9 s36;2017 c9 s5 30  RSA 2000 Section 37 EMPLOYMENT STANDARDS CODE Chapter E-9 How vacation is to be given 37(1) Employers must give employees their annual vacation in one unbroken period no later than 12 months after an employee becomes entitled to it. (2) If an employee so requests in writing, the employer may provide the vacation in two or more periods, so long as each vacation period is at least one-half day long. RSA 2000 cE-9 s37;2017 c9 s26 Dates for annual vacations 38 If an employer and an employee are unable to agree on a mutually satisfactory date to start the employee’s annual vacation, the employer must give the employee at least 2 weeks’ written notice of the date on which the employee’s annual vacation is to start, and the employee must take the vacation at that time. 1996 cE-10.3 s38 39 Repealed 2017 c9 s27. 40 Repealed 2017 c9 s28. When vacation pay is to be paid 41(1) An employer may pay vacation pay at any time, but must pay vacation pay to each employee no later than the next regularly scheduled pay-day after the employee starts annual vacation. (2) If vacation pay has not been fully paid to an employee before the annual vacation starts, the employee may request the employer to pay vacation pay at least one day before the vacation starts and the employer must comply with the request. 1996 cE-10.3 s41 Vacation pay on termination of employment 42(1) If employment terminates before an employee becomes entitled to a first annual vacation, the employer must pay the employee 4% of the employee’s wages earned during the employment. (2) If employment terminates after an employee becomes entitled to annual vacation, the employer must pay the employee vacation pay of an amount equal to the vacation pay to which the employee would have been entitled in that year of employment if the employee had remained employed by the employer and (a) for an employee who is entitled to 2 weeks’ vacation, at least 4% of the employee’s wages for the period from the 31  RSA 2000 Section 43 EMPLOYMENT STANDARDS CODE Chapter E-9 date the employee last became entitled to an annual vacation to the date employment terminates, or (b) for an employee who is entitled to 3 weeks’ vacation, at least 6% of the employee’s wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates. 1996 cE-10.3 s42 When vacation pay is considered to be wages 43 Vacation pay paid to an employee in one year of employment is deemed to be wages for the purpose of calculating the vacation pay payable to the employee in the following year of employment. 1996 cE-10.3 s43 Reductions in vacation and vacation pay 44 When an employee is absent from work, an employer may reduce the employee’s vacation and vacation pay in proportion to the number of days the employee was or would normally have been scheduled to work, but did not. 1996 cE-10.3 s44 Division 7 Maternity Leave and Parental Leave Entitlement to maternity leave 45 A pregnant employee who has been employed by the same employer for at least 90 days is entitled to unpaid maternity leave. RSA 2000 cE-9 s45;2001 c6 s2;2017 c9 s29 Length of maternity leave 46(1) The maternity leave to which a pregnant employee is entitled is a period of not more than 16 weeks starting at any time during the 12 weeks immediately before the estimated date of delivery. (1.1) A pregnant employee whose pregnancy ends other than as a result of a live birth within 16 weeks of the estimated due date is entitled to maternity leave under this Division. (2) An employee who takes maternity leave must take a period of leave of at least 6 weeks immediately following the date of delivery, unless the employee and her employer agree to shorten the period by the employee’s giving her employer a medical certificate indicating that resumption of work will not endanger her health. RSA 2000 cE-9 s46;2001 c6 s2;2017 c9 s30 32  RSA 2000 Section 47 EMPLOYMENT STANDARDS CODE Chapter E-9 (NOTE: Please see section 54.3(a) of the Employment Standards Regulation (AR 14/97) for changes to the leave provisions in this section.) Notice of maternity leave 47(1) A pregnant employee must give her employer at least 6 weeks’ written notice of the date she will start her maternity leave, and if so requested by her employer, the pregnant employee must provide her employer with a medical certificate certifying that she is pregnant and giving the estimated date of delivery. (2) A pregnant employee is entitled to start maternity leave on the date specified in the written notice given to her employer under subsection (1). RSA 2000 cE-9 s47;2001 c6 s2 No notice of maternity leave 48 An employee who does not give her employer prior notice of maternity leave before starting it is still entitled to maternity leave if, within 2 weeks after she ceases to work, she provides her employer with a medical certificate (a) indicating that she is not able to work because of a medical condition arising from her pregnancy, and (b) giving the estimated or actual date of delivery. RSA 2000 cE-9 s48;2001 c6 s2 Notice of employer to start maternity leave 49 If during the 12 weeks immediately before the estimated date of delivery the pregnancy of an employee interferes with the performance of her duties, an employer may give the employee written notice requiring her to start maternity leave. RSA 2000 cE-9 s49;2001 c6 s2 Parental leave 50(1) Subject to subsection (2), an employer must grant parental leave to an employee as follows: (a) in the case of an employee entitled to maternity leave under this Division other than an employee described in section 46(1.1), a period of not more than 37 consecutive weeks immediately following the last day of maternity leave; (b) in the case of a parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child’s birth; 33  RSA 2000 Section 51 EMPLOYMENT STANDARDS CODE Chapter E-9 (c) in the case of an adoptive parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child is placed with the adoptive parent for the purpose of adoption. (2) If employees described in this section are parents of the same child, the parental leave granted under subsection (1) may (a) be taken wholly by one of the employees, or (b) be shared by the employees. (3) If employees described in this section are parents of the same child and are employed by the same employer, the employer is not required to grant parental leave to more than one employee at a time. 2001 c6 s2; 2017 c9 s31 (NOTE: Please see section 54.3(b) of the Employment Standards Regulation (AR 14/97) for changes to the leave provisions in this section.) Notice of parental leave 51(1) An employee must give the employer at least 6 weeks’ written notice of the date the employee will start parental leave unless (a) the medical condition of the birth mother or child makes it impossible to comply with this requirement; (b) the date of the child’s placement with the adoptive parent was not foreseeable. (2) If the employee cannot comply with the written notice requirement for any of the reasons stated in subsection (1)(a) or (b), the employee must give the employer written notice at the earliest possible time of the date the employee will start or has started parental leave. (3) An employee is entitled to start parental leave on the date specified in the written notice given to the employer under subsection (1) or (2). (4) Written notice under section 47(1) is deemed to be notice of parental leave under this section unless the notice specifically provides that it is not notice of parental leave, in which case this section applies. 34  RSA 2000 Section 52 EMPLOYMENT STANDARDS CODE Chapter E-9 (5) Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave. 2001 c6 s2 Termination of employment prohibited during maternity leave and parental leave 52(1) No employer may terminate the employment of, or lay off, (a) an employee who has started maternity or parental leave, or (b) an employee because the employee is entitled to maternity or parental leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with section 53.1 continues to apply. RSA 2000 cE-9 s51;2001 c6 s2;2017 c9 s32 Resumption of employment 53(1) Subject to section 46(2), an employee must give the employer at least 4 weeks’ written notice of the date on which the employee intends to resume work and in any event must give notice not later than 4 weeks before the end of the leave period to which the employee is entitled or 4 weeks before the date on which the employee has specified as the end of the employee’s leave period, whichever is earlier. (2) If an employee has given notice that she intends to resume work on a date that is before the end of the 6-week period referred to in section 46(2), the employee is entitled without further notice to an additional period of leave sufficient to meet the requirements of section 46(2). (3) The additional period of leave referred to in subsection (2) is to be charged first against any remaining maternity leave to which the employee is entitled and then against parental leave, and if it is charged against parental leave the amount of parental leave referred to in section 50 is reduced accordingly. (4) An employee is not entitled to resume working until the date specified in the written notice referred to in subsection (1) or the end of the additional period referred to in subsection (2), as the case may be. (5) An employee must resume work on the date specified in the written notice or immediately following the end of the additional 35  RSA 2000 Section 53.1 EMPLOYMENT STANDARDS CODE Chapter E-9 period, as the case may be, and if the employee fails to return to work on that date the employee is not entitled to resume work subsequently unless the failure to return to work resulted from unforeseeable or unpreventable circumstances. (6) If an employee fails to provide at least 4 weeks’ notice before the end of the leave period to which the employee is entitled, the employee is not entitled to resume work unless the failure to provide the notice resulted from unforeseeable or unpreventable circumstances. (7) Where an employee is entitled to resume work under this section, the employer must (a) reinstate the employee in the position occupied when maternity or parental leave started, or (b) provide the employee with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the maternity or parental leave started. (8) An employee who does not wish to resume employment after maternity or parental leave must give the employer at least 4 weeks’ written notice of intention to terminate employment. RSA 2000 cE-9 s52;2001 c6 s2 Suspension of operations 53.1 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s maternity or parental leave and the employer has not resumed operations when the employee’s leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (a) reinstate the employee in the position occupied at the time the maternity or parental leave started, at not less than the earnings and other benefits that had accrued to the employee, or (b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s maternity or parental leave started, with no loss of seniority or other benefits accrued to the employee. RSA 2000 cE-9 s53;2001 c6 s2 36  RSA 2000 Section 53.2 EMPLOYMENT STANDARDS CODE Chapter E-9 Division 7.1 Reservist Leave Reservist leave 53.2(1) Subject to the regulations, an employee who has completed at least 12 consecutive weeks of employment with an employer and is a reservist is entitled to reservist leave without pay to take part in the following operations or activities: (a) deployment to a Canadian Forces operation outside Canada; (b) deployment to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; (c) subject to the regulations, annual training, including related travel time; (d) an operation or activity set out in the regulations made under subsection (7). (2) Participation, whether inside or outside Canada, in pre-deployment or post-deployment operations or activities that are required by the Canadian Forces in connection with an operation described in subsection (1)(a) or (b) is considered deployment to the operation for the purposes of that subsection. (3) An employee is entitled to reservist leave for the period of time prescribed by the regulations or, if no period is prescribed, for as long as subsection (1)(a), (b), (c) or (d) applies to the employee. (4) An employee who intends to take reservist leave must give the employer at least 4 weeks’ written notice of the date the reservist leave is to start and the notice must also include (a) in the case of leave in respect of an operation or activity referred to in subsection (1)(a), (b) or (d), the estimated date on which the employee intends to resume work, or (b) in the case of leave for annual training referred to in subsection (1)(c), the actual date on which the employee intends to resume work. (5) If an employee cannot comply with the notice requirement under subsection (4)(a) because of deployment in urgent circumstances, the employee must advise the employer in writing of the reservist leave as soon as is reasonable and practicable in the circumstances. 37  RSA 2000 Section 53.3 EMPLOYMENT STANDARDS CODE Chapter E-9 (6) Unless there is a valid reason for not doing so, an employee who takes reservist leave must advise the employer in writing of any change in the length of the leave as soon as is reasonable and practicable in the circumstances. (7) The Minister may make regulations (a) setting out operations or activities for the purpose of subsection (1)(d); (b) respecting the circumstances in which annual training may be taken and the maximum amount of time that may be taken for training; (c) respecting conditions that must be met before a 2nd or subsequent reservist leave may be taken; (d) prescribing the period of time for the purposes of subsection (3). 2009 c4 s6;2021 cR-16.6 s4;2022 c13 s1 Request for proof 53.3 If an employer requests proof that an employee is entitled to reservist leave, the employee must provide the employer with a document from the employee’s commanding officer specifying (a) that the employee is taking or has taken part in an operation or activity referred to in section 53.2(1), (b) the day on which the leave is to start or started, and (c) the estimated or actual length of the leave. 2009 c4 s6 Termination of employment 53.4(1) No employer may terminate the employment of, or lay off, an employee who has started reservist leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with section 53.6 continues to apply. 2009 c4 s6 Resumption of employment 53.5(1) If an employee has been on reservist leave for more than 4 weeks, the employee must give at least 4 weeks’ written notice of the day on which the employee intends to resume work. 38  RSA 2000 Section 53.6 EMPLOYMENT STANDARDS CODE Chapter E-9 (2) If an employee has been on reservist leave for 4 weeks or less, the employee must, as soon as possible before resuming work, give the employer written notice of the date on which the employee intends to resume work. (3) If an employee who has been on reservist leave in respect of annual training referred to in section 53.2(1)(c) intends to resume work on the date set out in the notice referred to in section 53.2(4)(b), the employee is not required to give written notice under subsection (1) or (2). (4) If an employee fails to comply with subsection (1), the employer may postpone the employee’s return to work for a period of up to 4 weeks after the day on which the employee notifies the employer of the employee’s intention to resume work. (5) If the employer informs the employee in writing that the employee’s return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer. (6) During the period of postponement, the employee is deemed to continue to be on reservist leave. (7) Where a