Compassionate Care Leave Under the Employment Standards Code, eligible employees who leave work to become a caregiver for a gravely ill family member are entitled to up to eight weeks of unpaid, job-protected leave of absence. Employees must have 52 consecutive weeks of either full-time or part-time employment with the employer to be eligible for compassionate care leave. They may split the leave into two sections of at least one week in length. The ill family member may reside in Alberta or elsewhere. Employers are required to provide employees taking compassionate care leave with their previous job back, or the equivalent, after they return. Some employees may be eligible for up to six weeks of Employment Insurance benefits for compassionate care leave. To learn more, see the Compassionate Care Fact Sheet. To learn more about Employment Insurance benefits, see the Service Canada website. Created: 2014-01-29 Modified: PID: 15054 Employees Under Age 18 Employees under age 18 and their employers have rights and responsibilities under Alberta's employment standards and occupational health and safety legislation. Adolescents are defined as individuals aged 12, 13, and 14; and young persons are defined as individuals aged 15, 16 and 17. The minimum standards of employment such as general holidays, vacations, minimum wage and termination notice or pay apply to all workers regardless of age. There are some restrictions placed on employees under 18 years old. To learn more, see: Adolescents and Young Persons Fact Sheet Adolescent Permits Approval of an Occupation for Adolescent Employment Safety Checklist for Adolescent Employees in Restaurant and Food Services Created: 2005-07-15 Modified: 2011-03-21 PID: 1476 General Holidays and General Holiday Pay The Employment Standards Code of Alberta designates the following nine days as general holidays in Alberta: General Holiday Definition of Holiday 2016 New Year's Day January 1 January 1 Alberta Family Day Third Monday in February February 15 Good Friday Friday before Easter* March 25 Victoria Day Monday before May 25 May 23 Canada Day July 1, except when it falls on a July 1 Sunday, then it is July 2 Labour Day First Monday in September September 5 Thanksgiving Day Second Monday in October October 10 Remembrance Day November 11 November 11 Christmas Day December 25 December 25 *Good Friday is a movable religious holiday falling on the Friday before Easter Sunday. The Code also recognizes any other day designated as a general holiday by an employer. For example, many employers have, by agreement, designated Boxing Day, Easter Monday and Alberta Heritage Day as additional general holidays for their employees. If an employer designates one of these days as a general holiday, all rules pertaining to general holiday pay will apply. Employees should confirm this and any pay entitlements with their employer. Here is a table of some of the optional holidays. Optional Holiday Definition of Holiday 2016 Easter Monday First Monday following Easter March 28 Heritage Day First Monday in August August 1 Boxing Day December 26 December 26 Eligibility for General Holiday Pay With the exception of employees who work in specified industries and professions, most Alberta employees are entitled to general holidays and general holiday pay. The basic criteria for general holiday pay eligibility are as follows: the employee must have worked for the employer for at least 30 working days in the year before the general holiday, the employee must have worked their last scheduled shift before, and the first scheduled shift after, the holiday (note that employees will remain eligible if they have the employer's permission to be absent for either or both of these shifts), and the employee must not have refused to work on the general holiday when asked to do so. Employees may need to meet other eligibility requirements before qualifying for a particular paid general holiday. Eligibility requirements are outlined in the Code. If you work an irregular schedule and are not sure if general holiday is considered a normal work day, call the Employment Standards Contact Centre at 780-427-3731 or1-877-427-3731. Because of the nature of employment in the construction industry, there is no requirement on construction employers to provide their employees with general holidays. They are, however, entitled to general holiday pay in an amount that is at least 3.6 per cent of their wage. To learn more, see the General Holidays and General Holiday Pay Fact Sheet. Created: Modified: PID: 1472 2016-02-03 Hours of Work, Rest Periods and Days of Rest \"Hours of work\" is the period of time during which an employee works for an employer. It includes time off with pay instead of overtime pay provided by an employer and taken by an employee. An employee may work a maximum of 12 hours in a day unless an unforeseeable or unpreventable emergency occurs, or the Director of Employment Standards issues a permit authorizing extended hours of work beyond 12 hours. An employee is entitled to at least 30 minutes of rest (break) in each shift longer than five consecutive hours of work. Likewise, employees are entitled to certain minimum days of rest as follows: one day of rest each work week, or two consecutive days of rest in each period of two consecutive work weeks, or three consecutive days of rest in each period of three consecutive work weeks, or four consecutive days of rest in each period of four consecutive work weeks, or at least four consecutive days of rest after 24 consecutive work days. To learn more, see the Hours of Work, Rest Periods and Days of Rest Fact Sheet. Created: 2004-07-19 Modified: 2011-03-21 PID: 1031 Maternity and Parental Leave All eligible employees are entitled to take maternity and parental leave without pay of up to one year, in the event of the birth of a child, and up to 37 consecutive weeks on the adoption of a child. Employees must have 52 consecutive weeks of employment with the employer to be eligible for maternity and/or parental leave under the Code. This requirement applies to both full-time and part-time employees. Birth mothers can take up to 52 consecutive weeks of unpaid job-protected leave. This is made up of 15 weeks of maternity leave and 37 weeks of parental leave. Fathers and/or adoptive parents are eligible for up to 37 consecutive weeks of unpaid, job-protected parental leave. Adoptive parents can take parental leave regardless of the age of the adopted child. Parental leave may be taken by one parent or shared between two parents but the total combined leave cannot exceed 37 weeks. To learn more, see the Maternity and Parental Leave Fact Sheet. Created: Modified: PID: 1473 2006-03-15 2011-03-21 Minimum Wage \"We're committed to bringing Alberta's general minimum wage up to $15 per hour to give lower-income Albertans the ability to support their families.\" - Christina Gray, Minister of Labour Current Minimum Wages in Alberta Effective October 1, 2015: General hourly minimum wage - $11.20 for most employees An hourly minimum wage of $10.70 for employees serving liquor as part of their regular job A weekly minimum wage of $446 for many salespersons, including land agents and certain professionals A monthly minimum wage of $2,127 for domestic employees living in their employer's home. Upcoming changes to Minimum Wages Alberta's general minimum wage will rise by $1.00 to $12.20 per hour and the current liquor server rate will be abolished effective October 1, 2016. Weekly and monthly minimum wages used by certain professions will rise to $486 and $2,316, respectively, at the same time. Minimum wage will rise a further $1.40 to $13.60 per hour on October 1, 2017, and by $1.40 to $15 per hour on October 1, 2018. Weekly and monthly rates will rise by equivalent amounts. Demographics Here is what we know about Albertans who make minimum wage (2015/16 statistics): Approximately 59,000 Albertans earn minimum wage. The majority of minimum-wage earners (61 per cent) are female. Approximately 43 per cent of minimum-wage earners work full time, and nearly 77 per cent have permanent jobs. Here is what we know about low-income earners in Alberta: Approximately 296,200 Albertans currently earn less than $15 per hour. Over 50 per cent of those earning $15 per hour or less are the heads of households or their spouses. Nearly 37,000 of those earning $15 per hour or less are single earners with children. To learn more, see the Minimum Wage Fact Sheet or the Employment Standards Regulationor the Order in Council. News release 2015-16 Alberta Minimum Wage Profile 2016 Alberta Low Wage Profile Questions and Answers Minimum Wage Comparison in Canada Created: Modified: PID: 998 2016-06-30 Overtime Hours and Overtime Pay Except for certain industries and professions, most employees are entitled to overtime pay. The basic overtime is all hours worked in excess of: eight hours a day, or 44 hours a week. Overtime hours are to be calculated both on a daily and weekly basis. The higher of the two numbers is overtime hours worked in the week. All employees, including those who are paid a weekly, monthly, or annual salary, must be paid overtime pay for overtime hours they work. Except where overtime hours are accumulated under an overtime agreement, all overtime hours must be paid at the rate of at least one and half times (1.5 x) the employee's regular wage rate. To learn more, see the following: Overtime Hours and Overtime Pay Fact Sheet Sample Individual Overtime Agreement Sample Group Overtime Agreement Created: 2005-09-12 Modified: 2011-09-27 PID: 1470 Payment of Earnings The Employment Standards Code requires that employees must be paid at least once a month. Employers may establish one or more pay periods for the calculation of wages and overtime pay owed to an employee. Wages, overtime pay and general holiday pay must be paid within 10 consecutive days after the end of each pay period. Employees may be paid in cash, by cheque or money order or by direct deposit, into an account of the employee's choice, in any recognized financial institution. The Code allows certain legal deductions to be made from an employee's earnings. These include deductions for Income Tax, Canada Pension Plan and Employment Insurance as well as deductions resulting from a judgment or order of a court. At the end of each pay period, an employer must provide an employee with a statement of earnings showing the following: regular and overtime hours of work; wage rate and overtime rate; earnings paid that show each component separately; deductions from earnings and the reason for each deduction; time off in lieu of payment of overtime; and statement period. If an employer intends to reduce an employee's wage rate, overtime rate, general holiday pay, vacation pay or termination pay, the employee must be notified before the start of the pay period in which the reduction is to take effect. However, these rates must always be at least the minimum required by the legislated standards. When an employee loses or quits his or her job, special rules apply as to when outstanding earnings need to be paid. To learn more, see the following fact sheets: Payment of Earnings Deductions from Earnings Created: 2001-11-22 Modified: 2011-03-21 PID: 997 Reservists Leave A reservist is a member of the reserve force of the Canadian Forces as defined in the National Defence Act (Canada). Under the Employment Standards Code, employees who are reservists are entitled to an unpaid, job-protected leave of absence when deployed to an operation outside of Canada (including any required pre- or post-deployment activities) or inside Canada to assist with an emergency. In addition, a reservist will be entitled to unpaid leave of up to 20 days each calendar year to participate in annual training. To learn more, see the Reservist Leave Fact Sheet. Created: Modified: PID: 13599 2011-03-01 2011-03-21 Termination of Employment and Termination Pay As a general principle, employees have a right to terminate their employment with an employer and employers have the right to terminate the employment of employees. These rights, however, come with responsibilities. The main responsibility in most cases is to provide notice of intention to terminate. The length of such notice is normally dependent on the duration of the employment with the employer. There are circumstances in which the Employment Standards Code may not require an employer or an employee to provide termination notice. For example, an employer is not required to provide notice when just cause exists for terminating an employee's employment. Likewise, an employee is not required to provide an employer with termination notice if the employee's personal health or safety is at risk by continuing to work. Special rules apply when employment is terminated in the following situations: where a business has been sold; where there are breaks in employment that are less than three months; or in temporary layoff situations. Where there is an allegation that the requirements around termination have been breached, a complaint may be filed. For more information, see File a Complaint with Employment Standards. Construction employees are not entitled to notice of termination, or pay in place of notice from their employer. Likewise, a construction employee is not required to give his or her employer termination notice. To learn more, see the following fact sheets: Termination of Employment and Temporary Layoff Construction Industry FAQ related to Ft. McMurray Fire Created: Modified: 2016-05-17 PID: 1474 Vacations and Vacation Pay Except for employees who work in specified industries and professions, most employees are entitled to vacations and vacation pay. The requirement for vacations and vacation pay entitlement is intended to ensure that employees have rest from work without loss of income each year. The basic entitlement to annual vacations is as follows: Two weeks after each of the first four years of employment with pay, and Three weeks after five consecutive years of employment with pay. If an employee receives a monthly salary, each week of vacation pay is arrived at by dividing their monthly pay by 4 1/3. In the case of employees who are paid other than monthly and who are entitled to two or three weeks vacation pay based on their length of service, they receive four per cent or six per cent of the wages that they have earned respectively. Because of the nature of employment in the construction industry, there is no requirement for construction employers to provide their employees with vacation time. However, they are entitled to vacation pay in an amount that is at least six per cent of the employee's wages. Vacations must be taken sometime in the 12 months after the employee becomes entitled to the vacation. Vacations must be given in one unbroken period unless the employee requests to take their vacations in shorter periods. This is permissible as long as those periods are at least one day long. If a mutually acceptable time for the employee's vacation cannot be found, the employer can decide on the time. However, the employee must receive at least two weeks notice in writing of the start date of their vacation. The employee must take their vacation at that time. To learn more, see the following fact sheets: Vacations and Vacation Pay Construction Industry Created: 2001-11-22 Modified: 2011-03-21 PID: 1471