EMPLOYMENT STANDARDS CODE - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Revised Statutes of Alberta 2000 Chapter E-9 Current as of June 11, 2018 EMPLOYMENT STANDARDS code Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen'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 Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.

2 * *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: 2012 s288 amends ss65(1) and 66. 2013 s86 amends s109(5). 2017 c9 s44 repeals and substitutes ss65 and 66 and adds to 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.

3 Reg. Amendments EMPLOYMENT STANDARDS code EMPLOYMENT STANDARDS .. 14/97 .. 158/97, 249/97, 135/98, 88/99, 135/99, 114/2000, 327/2003.

4 354/2003, 28/2004, 108/2004, 221/2004, 8/2005, 60/2005, 105/2005, 35/2007, 134/2007.

5 39/2008, 68/2008, 45/2009, 164/2010, 78/2011, 102/2011, 31/2012, 93/2012.

6 114/2012, 170/2012, NOTE: AR 246/2017 s16 comes into 84/2013, 232/2013, on the coming into force of s44 97/2014, 130/2015, of the Fair and Family-friendly Workplaces Act. 145/2016, 246/2017 1 EMPLOYMENT STANDARDS code Chapter E-9 Table of Contents 1 Interpretation Part 1 Application and Operation of this Act 2 Application of this Act Farm and farm exemptions Exemptions, modifications and substitutions 3 Civil remedies and greater benefits 4 Minimum STANDARDS cannot be avoided 5 EMPLOYMENT deemed continuous Part 2 STANDARDS Division 1 Paying Earnings 7 Pay periods 8 Payment of wages.

7 Overtime pay and general holiday pay Payment of minimum wage 9 Termination of EMPLOYMENT by employer - payment of earnings 10 Termination of EMPLOYMENT by employee - payment of earnings 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 RSA 2000 Chapter E-9 EMPLOYMENT STANDARDS code 2 Division 3 Hours of Work 16 Hours of work confined 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 Hours of work averaging agreements

8 24 Incentive pay - hourly wage for calculation of overtime Division 5 General Holidays and General Holiday Pay 25 General holidays in Alberta 26 Eligibility for general holiday pay 28 General holiday pay not working 29 General holiday pay working 31 General holiday during annual vacation 32 Incentive pay - hourly wage for calculating general holiday pay 33 Effect of general holiday on overtime calculation General holiday pay on termination Division 6 Vacations and Vacation Pay 34 Basic vacation entitlement Vacation pay for employee paid monthly 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 RSA 2000

9 Chapter E-9 EMPLOYMENT STANDARDS code 3 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 Suspension of operations Division Reservist Leave Reservist leave Request for proof Termination of EMPLOYMENT Resumption of EMPLOYMENT Suspension of operations Leave and vacation conflict Application Division Compassionate Care Leave Compassionate care leave Termination of EMPLOYMENT Notice to return to work Suspension of operations Leave and vacation conflict Division 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 Division

10 Critical Illness of Child Leave Critical illness of child leave Termination of EMPLOYMENT Notice to return to work Suspension of operations RSA 2000 Chapter E-9 EMPLOYMENT STANDARDS code 4 Leave and vacation conflict Division Long-term Illness and Injury Leave Entitlement to