EMPLOYMENT STANDARDS CODE - Alberta

Province of Alberta

EMPLOYMENT STANDARDS CODE

Revised Statutes of Alberta 2000 Chapter E-9

Current as of May 31, 2022

Office Consolidation

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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.

Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2017 c9 s44 repeals and substitutes s65, adds ss65.1 to 65.3, repeals s66.

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,

NOTE: AR 246/2017 s16 comes into force

114/2012, 170/2012,

on the coming into force of s44 of the

84/2013, 232/2013,

Fair and Family-friendly Workplaces Act

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

Employment Standards

(COVID-19 Leave) ..................................29/2020 ........... 95/2020, 136/2021

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

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EMPLOYMENT STANDARDS CODE

RSA 2000 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

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EMPLOYMENT STANDARDS CODE

RSA 2000 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

53.9 53.91 53.92 53.93 53.94

Division 7.2 Compassionate Care Leave

Compassionate care leave Termination of employment Notice to return to work Suspension of operations Leave and vacation conflict

53.95 53.951 53.952 53.953 53.594

Division 7.3 Death or Disappearance of Child Leave

Death or disappearance of child leave Termination of employment Notice to return to work Suspension of operations Leave and vacation conflict

53.96 53.961 53.962 53.963 53.964

Division 7.4 Critical Illness of Child Leave

Critical illness of child leave Termination of employment Notice to return to work Suspension of operations Leave and vacation conflict

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EMPLOYMENT STANDARDS CODE

RSA 2000 Chapter E-9

53.97 53.971 53.972 53.973 53.974

Division 7.5 Long-term Illness and Injury Leave

Entitlement to leave Termination of employment Notice to return to work Suspension of operations Leave and vacation conflict

53.98 53.981

Division 7.6 Other Leaves

Definition Domestic violence leave

53.982

Personal and Family Responsibility Leave

Unpaid leave for personal and family responsibilities

53.9821

COVID-19 Vaccination Leave COVID-19 vaccination leave

53.983

Bereavement Leave Unpaid bereavement leave

53.984

Leave for Citizenship Ceremony Unpaid leave for citizenship ceremony

53.985

Termination of Employment 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

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