Employment Standards Toolkit

Employment Standards
Tool Kit for Employers
Disclaimer
Information in this publication was accurate, to the best of our knowledge, at the time of printing. However, legislation, websites and programs are subject to change. The material in this publication is intended for informational purposes only and is not intended to be used as a source of legal advice.
2013, Government of Alberta, Alberta Human Services This material may be used, reproduced, stored or transmitted for non-commercial purposes. However, Crown copyright is to be acknowledged. It is not to be used, reproduced, stored or transmitted for commercial purposes without written permission from the Government of Alberta, Alberta Human Services. This publication is not for resale unless licensed with Government of Alberta, Alberta Human Services. Every reasonable effort has been made to identify the owners of copyright material reproduced in this publication and to comply with Canadian copyright law. The publisher would welcome any information regarding errors or omissions. Government of Alberta, Alberta Human Services publications may contain or reference publications, trademark, patent or copyright held by third parties (third party material), identified with a credit to the source. This does not grant the user a licence or right to that third party material. Users who wish to reproduce any third party material in this publication should seek permission from that third party.
ISBN 978-0-7785-9411-6 This publication is also available online at: www.humanservices.alberta.ca/espublications or call the Employment Standards Contact Centre at 1-877-427-3731 to order a copy. 03/2013 10M
Table of Contents
Introduction 4 Section 1: Employment Standards Overview Section 2: Employment Records and Statement of Earnings Section 3: Hours of Work and Rest Section 4: Overtime and Overtime Pay Section 5: General Holidays and General Holiday Pay Section 6: Vacation and Vacation Pay Section 7: Maternity, Parental and Reservist Leave Section 8: Termination of Employment Section 9: Adolescents and Young Persons Section 10: The Employment Standards Process Additional Resources 5 9 15 21 28 34 38 44 53 57 65
Glossary 91
Introduction
This tool kit was developed by the Government of Alberta to help business owners and their employees understand and comply with the Employment Standards Code and Regulation. Following the Code is your responsibility and this tool kit is designed to help you do that. The laws for Employment Standards are minimum requirements. Some tools, forms and a list of resources are provided to assist business owners in meeting or exceeding their minimum requirements. You may use the sample tools provided, or you may develop your own. Not all requirements under the Employment Standards Code and Regulation are discussed in this resource. This is not a definitive guide to the legislation and does not exempt readers from their responsibilities under applicable legislation. In case of inconsistency between this resource and the Employment Standards legislation, the legislation will always prevail. Availability of legislation In Alberta, the requirements for Employment Standards are outlined in the Employment Standards Code and Regulation. These documents are available for viewing or downloading on the Alberta Human Services (HS), Employment Standards website at: www.hirestandards.alberta.ca. Official printed copies may be purchased from the Alberta Queens Printer online at: www.qp.alberta.ca or in person at: 5th floor, Park Plaza 10611-98 Avenue Edmonton, Alberta T5K 2P7 Phone: 780-427-4952 Call any Government of Alberta office toll-free: dial 310-0000, then the area code and telephone number you want to reach.
Other legislation that may apply to you includes:

Alberta Human Rights Legislation: www.albertahumanrights.ab.ca Canada Labour Code: www.laws.justice.gc.ca/eng/acts/L-2 Occupational Health and Safety Act, Code and Regulation: www.worksafe.alberta.ca Workers Compensation Board: www.wcb.ab.ca/home Labour Relations Code: www.alrb.gov.ab.ca/legislation.html
Employment Standards fact sheets Employment Standards fact sheets are available online at: www.humanservices.alberta.ca/esfactsheets. These fact sheets provide detailed information on the rights and obligations of employers and employees under the Code, as well as information for specific groups, occupations andindustries. Fact sheets can be used together with the Employment Standards Tool Kit for Employers to help employers understand and comply with Employment Standards legislation.
Section 1: Employment Standards Overview

Section Overview
This section will provide you with an overview of the Employment Standards Code, who is covered, the core standards and your basic responsibilities as an employer in Alberta. The Employment Standards Code 6
Who is covered by the Code ? 6 Who is not covered by the Code ? 7 Enforcing Albertas Employment Standards
Telephone services Online services Educational programs Investigations and compliance initiatives
8
8 8 8 8
Contact 8
Call us Employment Standards website Employment Standards office locations 8 8 8

The Employment Standards Code
The Employment Standards Code ( Code) is a provincial law describing the minimum standards that must be provided to employees working in Alberta. The Code includes the following:

Minimum wage Hours of work Overtime and overtime pay General holidays and general holiday pay Vacations and vacation pay
Maternity, parental and reservist leave Termination of employment Restrictions on the employment of employees younger than 18 Payment of earnings and employment records
The Regulation sets out exemptions from the Code for certain employees and modifies the rules relating to hours of work, overtime and other standards for certain industries. The Regulation also provides special rules for the employment of adolescents and young persons, and sets out the minimum wage. To see the Employment Standards Code and Regulation visit www.humanservices.alberta.ca/escode. Three things employers need to know about Employment Standards 1. Minimum standards cannot be avoided This means the Code has a rule that prevents people from opting out of the core standards, either directly or indirectly. 2. Greater benefits There are cases when employers and employees agree to benefits that are greater than what is provided by the Code. These agreements are enforceable under the Employment Standardslegislation. 3. Employment deemed continuous When a business changes ownership and the employees continue to work for that business, the Code considers the employees employment to be continuous. This guarantees that entitlements provided by the Code (such as general holiday pay, vacation pay, termination notice, and maternity, parental and reservist leave), which have been earned by the employees through length of service, are not lost due to the change of ownership. Note: This rule also applies when a company is placed in receivership and when the receiver sells the company to a new owner.
Reference: ES Code, Part 1
Example
Under the Code, an employee must get an annual vacation of at least two weeks after one year of employment. If the employer agrees to provide more than two weeks of vacation, that agreement becomes a greater benefit that will be enforced.
Who is covered by the Code ?

With few exceptions, the Code applies to all employees and employers in Alberta. Most employees have full coverage of earnings under the Code, whether they are considered fulltime, part-time, casual, pieceworkers, commissioned, students or salaried.

Who is not covered by the Code ?
There are several groups of workers who fall outside of the Codes jurisdiction: Employees who work out of the province, inter-provincially or internationally If an employee works in another province or country, that provinces or countrys labour laws may apply. Employees who fall under federal jurisdiction Employees who work in the following industries fall under federal jurisdiction and are covered by the Canada Labour Code:

Airports and air transportation Inter-provincial transportation Chartered banks Broadcasting and telecommunications Railways Postal service
Grain elevators Shipping and navigation Canal, ferries, tunnels and bridges Inter-provincial/international pipelines First Nations (any work completed on a Reserve for the Band) Uranium mining and atomic energy
Employees covered by other Acts Coverage under the Code excludes employers and employees who are covered by other more specific legislation. This exclusion applies to the entire Code except for maternity and parentalbenefits. Examples include: members of a municipal police service covered by the Police Act, or academic staff covered by the Universities Act. Collective agreements Some employees choose to have union representation and bargain collectively for the terms and conditions of their employment. The collective agreement is binding, so long as it provides for the minimum standards stipulated by the Code. Self-employed workers/contractors Under the Code, an employer is a person who employs an employee. The definition includes former employers. An employee is defined as anindividual employed to do work who receives or isentitled to wages. The definition includes formeremployees. The Code applies only to employees and employers. Self-employed workers are not covered by the Code, unless they are also employers, in which case the Code will protect the employees that they hire. For guidelines on determining if an individual is an employee or contractor, look for Employee or contractor: How to know the difference in the Additional Resources section. Remember! When working outside Alberta for an Alberta employer, the application of Alberta's legislation will depend on the circumstances and the nature of the employment contract.
Information

Enforcing Albertas Employment Standards
To ensure Alberta employers and employees understand and follow employment standards, Employment Standards provides: Telephone services Information on employment standards is available by calling our Contact Centre at 1-877-427-3731 (dial 7804273731 in Edmonton and surrounding areas), or from the Employment Standards offices listed below. Advisors are able to address a broad range of employment standards questions and issues, and are available during regular business hours (8:15 am to 4:30 pm). Recorded messages on core employment standards are available 24 hours a day. Employers and employees who fall under federal jurisdiction should contact the Federal Labour Program of Human Resources and Skills Development Canada at 1-800-641-4049 for information about their rights and responsibilities. Online services Employment Standards advisors answer many questions electronically. Email your questions to: [email protected]. Visit the Employment Standards website at: www.hirestandards.alberta.ca. Educational programs Employment Standards staff provide hands-on training designed to provide participants with a better understanding of the rights and obligations of employers and employees under the Employment Standards Code and Regulation. Investigations and compliance initiatives When employees believe they have received less than minimum employment standards and are unable to resolve the matter with their employer, Employment Standards staff will investigate the matter on receipt of a written or online complaint. Employees who want to file a complaint with Employment Standards must file within six months of the date on which their employment terminated. The Director of Employment Standards may grant an extension if there are extenuating circumstances. Current employees can also file a complaint. For more information on the enforcement of Alberta's employment standards, see Page 57.
Contact
Call us To be connected toll-free to the provincewide information line, call 1-877-427-3731. Deaf or hearing impaired with TDD/TTY units, Call: 780-427-9999 in Edmonton. Other locations call 1-800-232-7215 Employment Standards website www.hirestandards.alberta.ca

Employment Standards office locations

Suite 150, 717 7 Ave. SW Calgary T2P 0Z3 Fax: 403-297-5843 Main Floor, 9940 - 106 St. Edmonton T5K 2N2 Fax: 780-422-4349 2nd Floor, 4920 51 St. Red Deer T4N 6K8 Fax: 403-340-7035
Section 2: Employment Records & Statement of Earnings

Section Overview
Information provided in this section is intended to help you, as an employer, understand your responsibilities under the Employment Standards legislation and give you tips and tools on how to comply with the law.
Employment records
Employment records checklist
10
10
Statement of earnings
Statement of earnings checklist
11
11
Hours of work
Pay periods
11
12
Payment of earnings upon termination

The rules: payment of earnings upon termination
12
13
Wages and earnings

The definition of wages is important!
13
13
Deductions from earnings

Deductions that are not allowed
14
14

Under the Code employers are responsible for:

Keeping accurate employment records; and Providing employees with a statement of earnings (pay stub).
Employment records
The Code requires employers to keep accurate and current employment records for each of their employees. An employer must keep records for at least three years from the date each record is made.
Reference: ES Code, Section 15
Example
A pay record that was created in December 2010 must be kept until December 2013.
The following records must be kept for each employee:
Must include
Employment records checklist

Name, address and date of birth Wage rate and overtime rate Regular and overtime hours of work Earnings paid showing each component of the earnings separately for eachpay period Deductions from earnings and the reason for each deduction Time off instead of overtime pay provided and taken The date that the present period of employment started The date on which a general holiday is taken Each annual vacation, showing the date it started and finished and the period of employment in which the annual vacation was earned The wage and overtime rates when employment starts, the date of any change to those rates, and particulars of every change to them Copies of documentation notices relating to maternity, parental and reservist leave benefits Copies of termination notices and of written requests to employees to return to work after temporary lay-off
10

The Code requires an employer to make available or provide employees with a written statement of earnings at the end of each pay period. The statement of earnings (or pay stub) must include:
Must include

Pay period covered by the statement Number of regular and overtime hours worked Number of hours taken off in lieu of overtime Wage rate and overtime rate Earnings paid showing each component of the earnings separately (e.g. wages, overtime, general holiday pay and vacation pay) Amount of deductions from earnings and the reason for eachdeduction
Remember! The pay stub must be in a form that the employee can keep for theirrecords.
Information
To see an example of a pay stub, search for Statement of earnings under the Additional Resources section. Keeping good records is important. Protect yourself. If an employee asks, the employer must provide a detailed statement showing how the employees earnings were calculated.
Hours of work
The Code requires employers to record the actual hours of work for each employee for each working day. Hours of work are defined as:

Doing work as requested by employer Taking a paid break provided by the employer Note: Breaks must be paid if the employee is not allowed to leave the premises in case they are needed to work.
Doris is asked to remain at her desk over her lunch break in case a client calls. Whether Doris receives the phone call or not, her break must be paid.

Example
Taking time-off provided by the employer (instead of overtime pay)
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Employment records must accurately show how the totals of regular and overtime hours are calculated, including paid and unpaid breaks. This information does not need to be kept for managers and supervisors.
Reference: ES Code, Section 1(1)(n)
For ideas on how to track your employees hours of work, look for the Employee time tracking sheet under the Additional Resources section. Pay periods The Code requires employers to establish pay periods for the calculation of wages and overtime. A pay period can be daily, weekly, bi-weekly, bi-monthly or monthly. It cannot be longer than one month. An employee must be paid all wages, overtime and general holiday pay earned in a pay period within 10 consecutive days after the end of the pay period.
Reference: ES Code, Section 7 and 8
Calendar of regular pay period & regular pay day

Sun 7 14 21 28 Mon 1 8 15 22 29 Tues 2 9 16 23 30 Wed 3 10 17 24 Thurs 4 11 18 25 Fri 5 12 Sat 6 13 20 27
19 pay day
26
Example pay period In this example, the pay period runs from Wednesday to Tuesday. The resulting pay day is the following Friday. All of the employees wages, overtime and general holiday pay earned during the pay period from the 3rd to the 9th of the month must be paid on the 19th. (Earnings from the 10th to the 16th will be paid on the 26th.)
Payment of earnings upon termination

The circumstances surrounding an employees termination will dictate when their final pay cheque must be issued. The following table shows maximum times set out by the Code when a terminated employee must be paid. However, employers are encouraged to pay employees as soon as possible after termination.
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The rules: payment of earnings upon termination
Conditions of termination
Employee quits and no termination notice isrequired. Employer terminates employee and no termination notice is required. Employee quits without giving the notice requiredby the Code. Employer gives employee (or vice versa) termination notice and the employee works out the notice period. Employer terminates an employees employment and provides termination pay (or combination of termination pay and notice). Employer terminates employee without notice forjust cause and the employee disagrees.
Number of consecutive days after last day of employment when employees earnings must be paid
10 days 10 days 10 days + notice period that should have been provided three days
three days 10 days

Reference: ES Code, Sections 9 and 10
It is always a good idea to review the rules on termination of employment before terminating an employee.
Information
Wages and earnings

Even though these terms are often used interchangeably, for Employment Standards, wages and earnings are different things. Wages are payment for work that has been done. This definition excludes overtime pay, vacation pay, general holiday pay and termination pay, gifts or non-performance related bonuses, expenses or expense allowances and tips or othergratuities. Earnings means wages, overtime pay, vacation pay, general holiday pay and termination pay. Earnings are paid in cash, cheque, money order or direct deposit. Note: When paying in cash, it is always a good idea to keep records confirming payment and receipt by the employee.
Reference: ES Code, Section 1(1)(j)(n)
The definition of wages is important! The calculation for overtime pay, vacation pay, general holiday pay and termination pay is based on an employees wages not their earnings.
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Deductions from earnings
Employers are only allowed to make certain deductions from an employees pay. Some deductions are mandatory and some are optional. The employer must deduct the following from an employees earnings:

Federal and provincial income tax; Employment Insurance premiums; Canada Pension Plan contributions; Judgment or an order of the Court.
Other deductions must be authorized, in writing, by the employee. The authorization must be clear and specific as to the amount that is being deducted, the date when it is to be deducted and its purpose. Common optional deductions include:

Childcare costs Personal savings plans Medical and/or dental premiums
For examples of authorization for payroll deduction forms, search for Payroll deduction authorization forms under the Additional Resources section. Deductions that are not allowed There are some deductions that are not allowed, even with written authorization from theemployee. Deductions that are not allowed:

Faulty workmanship Cash shortages or loss of property if an individual other than the employee had access to the cash or property
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Section 3: Hours of Work and Rest

Section Overview
This section is about the maximum allowable hours of work in a day, mandatory rest periods and clarification on what is considered hours of work.
Hours of work in a day

Notice of work times Shift changes
16
16 16
Rest periods
Weekly rest days
17
17
Defining hours of work
18
Travel time 18 Standby time (on call) 18 Minimum hours of work 18 Training 19
Compressed work week Permits for extended hours of work

Rationale for permit approval of extended hours Applying for a permit to extend hours of work
19 20
20 20
Permits for extended days of work

Rationale for permit approval of extended days of work Applying for a permit to extend days of work
20
20 20
15

The Code requires that:

The workday cannot be longer than 12 hours; Employees must receive at least 30 minutes of rest in each shift that exceeds 5 hours; Employees must receive at least one rest day in each work week.
Reference: ES Code, Sections 16, 18, and 19
Hours of work in a day

The maximum allowable hours of work in a day is 12 hours. This means that an employee who starts work at 8 am cannot work past 8 pm. Unless:

An accident occurs; Urgent work is necessary to a plant orequipment; Other unforeseeable or unpreventable circumstances occur.
Note: in some industries and/or for specific projects, it may be necessary to keep an employee beyond the 12-hour maximum. For example, oilwell servicing employees and residential/ home caregivers can work more than the 12-hour maximum. Notice of work times The Code requires an employer to give employees notice of when their work starts and ends. They can do this by posting schedules where employees can see them or by any other reasonable method. The posted schedule should include all required work periods for each employee for the entire period covered by the schedule. Note: it is always advisable to put notice of work times in writing. Shift changes An employee must be notified about a shift change 24 hours beforehand. Employees must get at least eight hours of rest between shifts.
Example
A shift change could refer to a switch from day shift to night shift, or night shift to day shift.
Information
Remember! An employer who allows mutual shift changes is responsible for any overtime that arises as a result of these switches.
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Rest periods
During each shift that is longer than five consecutive hours of work, an employee is entitled to at least a half-hour break, except where it is unreasonable or impossible. The break can be paid or unpaid at the employers discretion. This means that where a shift is less than five hours in length, the employer is not required to provide a rest period. Where the shift is longer than five hours (e.g. eight or nine hours), the employer is required to provide at least 30 minutes of break time sometime during the shift. The 30 minutes can be taken in one unbroken period, or may be provided as two 15-minute or three 10-minute breaks. This, of course, is the minimum standard, and in practice for a full day shift the amount of break time provided is frequently more than the specified minimum. Remember! If the break is unpaid, the employee cannot be called upon to provide service during the unpaid time. If no break is taken, the employee is to be paid for the time worked.
Information
Weekly rest days An employer must give an employee: One day of rest each week; Two consecutive days of rest in each period of two consecutive weeks; Three consecutive days of rest in each period of three consecutive weeks; Four consecutive days of rest in each period of four consecutive weeks. After 24 consecutive days of work, employees must be provided with at least four consecutive days of rest.
Employees who are exempt from hours of work, rest periods and days of rest:

Employees on a farm or a ranch Various types of salespersons Professionals such as real estate brokers,and licensed insurance and securities salespersons Professions such as architects, engineers, lawyers, psychologists and information systems professionals Managers, supervisors and those employed in a confidential capacity Licensed land agents Instructors or counsellors at a non-profit educational or recreational camp Extras in a film or video production
Reference: ES Regulation, Section 2
For a more detailed listing of occupations and professionals exempt from these sections of the Code, look at the Common exceptions from Employment Standards table under the Additional Resources section.
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Defining hours of work
Definition
Hours of work Hours of work refers to the period of time during which an employee works for an employer, and includes time off with pay (instead of overtime pay) provided by an employer and taken by the employee. What is included in hours of work can often be confusing. Some common areas of interest are discussed below. Travel time In general, home-to-work and work-to-home travel is not considered time spent working. If the employer pays the employee for this travel time, the payment would not generally be considered wages. Travel time is work, when: Travelling between two job locations during the time of work; The employee is directed to: Pick up materials or perform other tasks on the way to work or home. Report to a given location (hours of work will begin on arrival at that location). Travel time is not work, when: Employees are given the choice of providing their own transportation to or from the work location or reporting to a certain point from which they may take a company-provided bus or receive a ride with the employer.
Information
Remember! Any travel time that occurs after the employee starts to provide services is recorded as hours of work.
Travel time hours may be paid out at a different rate of pay, as long as the employee is informed and the rate is at least minimum wage. Standby time (on call) An employer is not required to pay wages to an employee who is on call or on standby waiting to be called to work, unless the employee is waiting at the place of employment. If work is done in the employees home, he or she is entitled to his or her regular wage for all hours worked. If the employee is called away from home, the employee is entitled to at least three hours at the minimum wage for each call-out. There are exceptions to the rule where standby time would be considered work, such as when the employee is required to wear a uniform and/or monitor radio calls. Minimum hours of work If an employee works for fewer than three consecutive hours, but is available for the full three hours, the employer must pay wages that are the higher of three hours at the minimum wage that applies to the worker, or his regular hourly rate for the actual number of hours worked.
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If an employee has been advised in advance not to report to work, but does report, he does not have to be paid. The three-hour minimum is reduced to two hours for part-time employees in recreation or athletic programs run by municipalities, Metis Settlements or non-profit community service organizations, and for school bus drivers.
Training When an employee must attend training that is directly work related, the employer is required to pay the wage agreed to for the training period of at least minimum wage, plus overtime ifapplicable. Once an employer/employee relationship is formed, any education or training requested or required by the employer is work. Note: this includes job shadowing, when a new employee learns from a more experiencedemployee. If the employee initiates the education or training, the agreement between the parties will determine whether or not the employee will be paid for training time. Training is not considered work:

When an employee is obtaining qualifications necessary to be considered for hiring; If, as a condition of hire, the employee agrees to obtain additional training on his or her own time at his or her own expense; If a test or training is given to a prospective employee as part of the hiring process.
Compressed work week

A compressed work week (CWW) is a way of scheduling hours of work that:

Has employees working longer hours each day, and Is balanced by having employees working fewer days each week. Be scheduled in advance; Not exceed 12 hours per day; Not exceed 44 hours per week; or Not exceed 44 hours per week on average, if the work week is part of a cycle that spans more than one week.
A compressed work week must meet the following conditions:

Hours worked in excess of the scheduled daily hours, and/or in excess of 44 hours per week, are overtime hours. A compressed work week can be implemented by an employer at any time by preparing a schedule that meets the required criteria for a compressed work week arrangement. No permission from Employment Standards is required. For answers to the most frequently asked questions about compressed work weeks, look for the Frequently asked questions about compressed work week arrangements (CWW) under the Additional Resources section.
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Permits for extended hours of work
The Code requires that hours of work, including breaks, be confined within a 12-hour period. However, the Employment Standards Director (Director), may issue a permit authorizing extended hours of work in excess of 12 consecutive hours.
Rationale for permit approval of extended hours

Applicants must provide reasons why hours cannot be confined within 12 consecutivehours. A majority of employees must agree to the extended hours. Permits may be issued for a fixed period of time, if appropriate under the circumstances. Permits may be cancelled, reviewed or altered by the Director at any time. Permits will not alter, or in any way affect, the overtime provisions that otherwise apply.
Applying for a permit to extend hours of work Both the employer and the employees affected must submit a joint application to extend hours of work ( Application to Extend Consecutive Hours of Work). The application must be submitted in writing. This application can be found at: www.hirestandards.alberta.ca.
Permits for extended days of work

The Code also requires employers to provide employees with one day of rest in each consecutive work week, or two days of rest in two consecutive work weeks, or three days of rest in three consecutive work weeks, or four days of rest in four consecutive work weeks. The Director may issue a permit authorizing extended consecutive work days without a rest day beyond 24 consecutive work days. Rationale for permit approval of extended days of work

Applicants must provide reasons why the days of work need to be extended beyond 24 days and an explanation of why other solutions are not available. A majority of employees must agree to the extended hours. Permits are issued for a fixed period of time to allow the employer to address the situation that has arisen. Permits may be cancelled, reviewed or altered by the Director at any time. Permits do not alter the Codes overtime provisions.
Applying for a permit to extend days of work Both the employer and the employees affected must submit a joint application to extend days of work ( Application to Extend Consecutive Days of Work). The application must be submitted in writing. This application can be found at: www.hirestandards.alberta.ca.
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Section 4: Overtime and Overtime Pay

Section Overview
This section is about overtime, how it is paid and how it iscalculated.
Overtime 22 Calculating overtime pay

Applying the 8 and 44 rule Time off with pay Calculating overtime when pay period ends mid-week Calculating overtime for salaried employees Calculating overtime on general holidays
22
22 23 23 24 24
Industries with different overtime rules Overtime agreements

Individual overtime agreements Group overtime agreements Overtime agreement requirements Paying out banked overtime upon termination
25 25
25 25 26 26
Permits to extend overtime banking period

Rationale for extending overtime bankingperiod Applying for a permit to extend overtime banking period
27
27 27
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With the exception of some supervisory and managerial positions, most employees are entitled to overtime pay for overtime hours worked. All employees, including those who are paid a salary, must be paid overtime pay for overtime hours they work. Note: For help determining if a worker is a management or supervisory employee exempt from overtime pay, go to the Management or supervisory employee questionnaire found under the Additional Resources section.
Overtime
In most industries, overtime is all hours worked in excess of eight hours a day or 44 hours a week, whichever is greater. Overtime pay must be at least 1.5 times the regular rate of pay.
If an employee is paid a wage that is different in every pay period (e.g. commission or on a piecework basis), then, the employee's wage rate is the minimum wage.
Reference: ES Code, Section 24(1)
Calculating overtime pay

Overtime hours are to be calculated both on a daily and on a weekly basis. The greater of the two totals is the correct number of overtime hours worked in the week.
Definition
The Basic 8 and 44 rule Overtime is all hours worked in excess of eight hours a day, or 44 hours a week, whichever is greater.
Applying the 8 and 44 rule 1. Calculate the total daily overtime hours for the week. Each day worked in the week must be considered individually. Any hours more than eight hours worked in each day will be daily overtime hours. 2. Calculate the weekly overtime hours. You must also look at the week as a whole. Any hours more than 44 hours worked in a week will be weekly overtime hours. Note: If the employer uses a work week that is less than 44 hours, overtime pay will still be payable under the basic 8/44 rule unless there is a collective agreement in place, or some other agreement, or it is the consistent practice of the employer that overtime hours are counted after less than 8/44. 3. Compare the daily and weekly totals. 4. Pay the greater number of overtime hours.
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The Code defines a work day, work week and work month for the purposes of calculating hours of work and overtime. A work day is generally the 24-hour period from midnight to midnight. Note: An employer can establish a different 24-hour period by consistent practice (e.g. 7 pm to 7pm the next day). Unless otherwise established by the employer, a work week begins and ends at midnight on Saturday and a work month is a calendar month.
Time off with pay Sometimes, instead of paying overtime, an employer will give an employee time off with pay as part of an overtime agreement. Time off with pay instead of overtime pay is considered hours of work when calculating weekly and daily hours of work. Calculating overtime when pay period ends mid-week When a pay period ends mid-week, calculating overtime hours can be confusing. The following example shows how to calculate overtime hours when pay periods end midweek. In this case, the employee gets paid on the last day of each month. Look at the hours of work done in the last week of September and the first week of October. Note: Tuesday is the last day of the September pay period.
S September October
-
M
10
T
9
W
8
T
11
F
8
S
8
Total
54
1. Calculate the daily overtime hours September: Monday + Tuesday = three hours October: Wednesday + Thursday + Friday + Saturday = three hours There is a total of six daily overtime hours worked this week. 2. Calculate the weekly overtime hours Adding all six workdays in the work week equals 54 hours. This means that 10 of the hours worked are weekly overtime hours (according to the 8 and 44 rule). 3. Pay the greater number of overtime hours 4. Decide what to pay and when If the employer does not have all of the information necessary to consider the full week calculation, then he/she would pay the employee for the three hours of overtime earned in September, and pay for the remaining seven hours of overtime in October.
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Information
Remember! The 8 and 44 rule requires employers to pay the greater of the two overtime hour calculations.
Calculating overtime for salaried employees Calculating overtime hours for salaried employees is no different than employees paid hourly. Salary is payment only for the regular hours of work. Overtime hours must be compensated for in addition to the regular hours. To calculate the overtime rate of pay for salaried employees: 1. Calculate the average number of weeks in amonth Divide 52 weeks (in a year) by 12 months = 4.3333 2. Calculate the employees weekly wage Divide the employees monthly salary by 4.3333 3. Calculate the employees hourly rate of pay Divide the employees weekly wage by 44 hours or by the number of hours that make up the employee's regular work week 4. Calculate the employees overtime rate of pay Multiply the hourly rate of pay by at least 1.5 to get the overtime rate. All of the calculated overtime hours should be multiplied by this result to figure out the total pay. Calculating overtime on general holidays When calculating overtime hours on a general holiday,

if the hours worked on a general holiday are paid at 1.5 times the regular rate, the hours of work for that day(s) are not used when calculating overtime hours. if the employee is paid straight time plus a day off, the hours worked on that day(s) are used for calculating overtime hours.
Note: Some individuals work compressed work weeks, which often include longer hours per day but fewer days per week. For more information on compressed work weeks, please see Page 19.
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Industries with different overtime rules
A number of industries and occupations are subject to variations in daily and weekly hours worked before overtime is payable.
Industry/Occupation
Daily hours
Weekly hours before O/T calculated

60
Monthly hours before O/T calculated

191
Ambulance attendants Geophysical exploration Irrigation districts Logging and lumbering Oilwell servicing Surveying Trucking industry * Field catering Highway and railway construction and brush clearing Nursery industry Road maintenance activities Taxi cab industry
10 10 9 10 12 10 10 10 10 9 10 10
54 191 191 191 50 191 44 48 191 60
* Trucking overtime can be calculated based on the 8/44 rule or a 10/50 rule. If you're not sure which, call the Contact Centre for assistance at 1-877-427-3731.
For more detailed information, see the Employment Standards Regulation online at www.hirestandards.alberta.ca.
Overtime agreements

An employer may give paid time off instead of paying overtime pay. Time off in place of overtime pay is a mutual agreement between employee and employer. There are two types of agreements:
Individual overtime agreements An individual overtime agreement is between one employee and an employer. Either the employee or the employer can cancel or change the agreement by giving the other party one-months notice in writing. Group overtime agreements A group overtime agreement is between an employer and a designated group of employees. The employer and a majority of the employees in the designated group must sign the agreement. The agreement can be cancelled or changed by either party by giving one months notice to the other.
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Note: If the employees want to cancel the agreement, the notice to cancel must be signed by a majority of the employees affected by the agreement. Overtime agreements must be in writing, be signed by both parties, and must contain certainrequirements. Overtime agreement requirements

A copy of the written agreement is given to each employee affected by it. When overtime hours are worked, they are banked. The banked hours are given/taken off at a time when the employee could have worked. At least one hour of time off must be given for each hour of overtime worked. Regular wages are paid for the hours when they are given/taken off. Time off must be given/taken within three months at the end of the pay period when the overtime hours were worked. If the time is not given/taken off within three months, it must be paid out at time-and-ahalf and at the rate of pay in place on the day the three months expired. An overtime agreement may be contained in a collective agreement, some other written agreement or through consistent practice of an employer.
Information
Remember! Banked overtime hours are considered wages and vacation pay is owed on them.
For sample overtime agreements, search for Individual overtime agreement and Group overtime agreement under the Additional Resources section. Whenever an overtime agreement is in place, the employer must:

Document and retain an up-to-date record of the number of overtime hours banked and taken with regular pay by the employee. Provide the employee with a pay statement showing the number of banked overtime hours taken with regular pay by the employee, for each pay period.
Paying out banked overtime upon termination When either the employer or employee ends the employment relationship by giving a written notice of termination, an employer can require the employee to use up some or all outstanding banked overtime during the notice period. When overtime is paid for hours worked over eight hours in a day or 44 hours in a week, the total of any hours worked, plus banked overtime taken, cannot exceed eight hours in a day or 44 hours in a week. Whether or not any notice of termination was provided, any banked overtime not provided and taken with pay by the end of the last day of employment must be paid out at time-andone-half the employees regular rate of pay.
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Permits to extend overtime banking period
The Code requires that banked overtime be used up within three months of the end of the pay period in which it was earned except where a collective agreement specifies otherwise. In all other situations where three months is insufficient and flexibility in using up the banked time is necessary to meet particular conditions encountered by employers and employees, a permit from the Director is required. Rationale for extending overtime bankingperiod

Applicants must be able to demonstrate difficulty in complying with the requirement that time off must be taken within three months after being earned. Approvals only affect the period for which the time off may be taken, and in no way alter any of the other rules for overtime agreements. Permits issued approving the time off extension can be reviewed, altered or cancelled by the Director at any time. The extension period for which time off may be taken is limited to six months.
Applying for a permit to extend overtime banking period Both the employer and the employees affected must submit a joint application to extend overtime banking period (Joint Application to Extend the Overtime Banking Period ). The application must be submitted in writing. This application can be found at: www.hirestandards.alberta.ca.
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Section 5: General Holidays & General Holiday Pay

Section Overview
This section is about general holidays, who is eligible, how to calculate what to pay and special circumstances.
General holidays Employee eligibility What to pay

When an employee works on a general holiday When an employee does not work on a general holiday General holiday pay and vacation
29 30 30
30 30 31
Schedules 31 What is the average daily wage? General holiday pay and salaried employees General holiday pay and employees paid incentives
Additional rules
31 32 32
32
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General holidays
Under the Code, the following nine days are recognized as general holidays: General holiday New Years Day Alberta Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Date January 1 3rd Monday in February Varies with religious calendar Monday immediately preceding May 25 July 1* 1st Monday in September 2nd Monday in October November 11 December 25
*By federal law, when July 1st falls on any day of the week other than Sunday, it is celebrated on that day; however, when it falls on a Sunday, it is treated as if it fell on the Monday immediately following. Boxing Day, Easter Monday and Heritage Day (1st Monday in August) are not considered general holidays. However, an employer can designate these, or any other day as a general holiday. When this occurs, that day will be subject to the same rules as the nine statutory general holidays. For a calendar of general holiday dates for 2011 to 2020, go to General holidays in Alberta under the Additional Resources section.
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Employee eligibility
To be eligible for general holiday pay, the employee must:

Have worked and/or reported to work 30 work days or more for the employer before the general holiday. Not have been absent without employers consent on the last scheduled day before the holiday or the first scheduled day after the holiday. Not have refused to work on the general holiday when requested/scheduled to.
Failure to meet any of these requirements results in the disentitlement of an employee to general holiday pay.
What to pay
When an employee works on a generalholiday
Is it the employees normal day of work?
When an employee does not work on a generalholiday

Is it the employees normal day of work?
If yes, it is the employees normal day of work The employer has 2 options: Option 1: Pay average daily wage plus 1.5 times employees wage rate for all hours worked. Option 2: Pay regular wages including overtime (if applicable) plus provide a day off with payment of average daily wage. Note: this day off must be taken no later than employees next annual vacation and on a day that would normally be a work day for the employee. If no, it is not the employees normal day of work Employee is entitled to 1.5 times wage rate for all hours worked Employee is not entitled any general holidaypay The employee is entitled to their average daily wage and the day off.
If an employee is working on a general holiday and it is not a normal day of work, the employee is entitled to 1.5 times their hourly rate (employee must still meet eligibility requirements).
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General holiday pay and vacation If an eligible employee is on vacation when a general holiday occurs, the employee is entitled to one days holiday paid at the average daily wage.
Schedules
Not all employees work Monday through Friday, 9 am to 5 pm. Some employees work irregular schedules. Irregular schedules occur when employees work an irregular pattern of days in a week (i.e. employee is scheduled to work only on days when work is available). In this case, use the 5 of 9 rule to determine an employees eligibility. The 5 of 9 rule If at least five of the nine weeks preceding the work week in which the holiday occurs, the employee worked on the same day of the week as the day on which the holiday falls, the general holiday is to be considered a normal working day.
Definition
What is the average daily wage?

The average daily wage is calculated by adding the regular wages earned during the nine weeks before the week in which the general holiday occurs, and dividing by the number of days worked in that nine-week period. The formula: average daily wage
Total wages earned in nine weeks preceding holiday
Total number of days worked in nine weeks preceding holiday
Average daily wage
Note: When calculating the average daily wage, always begin with the first full week immediately before the holiday. If the employee has worked less than nine weeks, the average is calculated on whatever period of time the employee has worked.
Reference: ES Code, Section 1(1)(b)
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General holiday pay and salaried employees
If an employee: Receives a salary; Does not work on the general holiday; and Gets paid full salary, as usual; then Employment Standards accepts that the employee has received general holiday pay. No further calculations are needed.
General holiday pay and employees paid incentives

Employees paid by commission or other incentive pay plans are entitled to the average daily wage plus 1.5 times the hourly wage, when they work on general holidays. To learn how to calculate the hourly wage for an employee paid by commission or incentive pay, refer to the Incentive Based Pay and Minimum Compensation Entitlement fact sheet at www.humanservices.alberta.ca/working-in-alberta.
Additional rules 1. When shifts occur partially on a general holiday If an employer does not have an established practice for determining whether a shift falls on a general holiday, the following guidelines apply:

If an employees shift begins on the day before a general holiday and ends during the holiday, all hours worked on that shift will be credited to the day preceding the holiday. If an employees shift begins on the general holiday, all hours worked during the shift will be credited to the day of the general holiday and would be paid accordingly. If the employer has an established work day from 11 pm to 11 pm and the employee begins work at 11pm on the day of the holiday all hours worked on that shift would be deemed hours worked on a holiday.
Example
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2. General holiday pay and overtime When an employer pays for hours worked on a general holiday at 1.5 times the employees wage rate, the hours worked on a holiday do not count when calculating overtime hours worked for the week in which the holiday falls.
Total hours worked S M T W T

Hours - 10 8 11 8 worked
(incl. S general holiday) 56
Total hours to be paid

56
Regular hours
(wage rate) 40
Overtime General hours holiday pay

(OT rate) 6 (1.5 x wage rate) 10
8 11
The holiday falls on Monday. The employee normally works eight hours per day, but on this holiday Monday, he worked 10 hours. In this example, the employee would be paid 40 hours at regular pay, six hours of OT and 10 hours of general holiday pay.
3. Employees who work fewer than three hours If an employee works fewer than three hours on a general holiday, the rule regarding three hours at minimum wage applies (see Page 18 ). An employee eligible for general holiday pay that works on a holiday would be entitled to an average days pay plus 1.5 times their wage rate for the number of hours worked, or 1.5 times the minimum wage rate, whichever is higher.
Example
4. General holiday pay owed at termination There are situations when a former employee would be eligible for general holiday pay: Substitute holiday day not taken Under the Code, general holidays can be postponed to a later date. If an employees employment is terminated before this holiday is taken, the following rules apply: If terminated: the employee is entitled to general holiday pay as calculated under Option 1 (see Page 30 ). If employee quit: the employee is entitled to be paid his or her average daily wage for each general holiday deferred and still not taken.
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Section 6: Vacation and Vacation Pay

Section Overview
Vacations ensure that employees have a rest from work without a loss of income and return to work refreshed. This section will cover who is entitled to vacation, vacation pay and how to calculate it.
General vacation rules Vacation entitlements

Employer's responsibility
35 35
35
Vacation pay Calculating vacation pay

For salaried employees For employees paid other than by salary Vacation pay for entitled employees
36 36
36 36 36
Vacation pay owed at termination
37
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General vacation rules

Employees must work for one year before they are entitled to vacation time. Vacation pay and vacation time accrues during each 12 month period. Vacations must be granted in one unbroken period, unless the employee requests a shorter period in writing. An employer must give employees their annual vacation within 12 months of the date it is earned. An employer can give two weeks notice in writing as to when the employee shall take his/her vacation.
Vacation entitlements
After one year of employment, employees are entitled to at least two weeks vacation with pay. Vacation pay and time off accrue during this 12-month period. An employee qualifies to take vacation 12 months after his/her anniversary date, or the day that the employee started to work for the employer. Note: The minimum amount of time that may be requested is one day.
Vacation Entitlements
After (number of years of employment)

1 year 2 years 3 years 4 years 5 years 6 or more years
Number of weeks annual vacation employee entitled to

2 weeks 2 weeks 2 weeks 2 weeks 3 weeks 3 weeks
Note: If the employer agrees to provide more vacation, that agreement replaces the Codes annual vacation requirements and is a greater benefit.
Employers responsibility An employer must give their employees their annual vacation within 12 months of the date it is earned.
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Vacation pay
The Code allows an employer to pay vacation pay at any time as long as it is paid no later than the next regularly scheduled payday after the employee starts annual vacation. Sometimes annual payments of vacation pay that coincide with an employees vacation are not desirable for the employer. In this case, employers can also choose to pay vacation pay on a regularly scheduled basis (for example, with every pay period, quarterly, etc.). Note: If vacation pay is not paid before the employees vacation starts, the employee may request their employer to pay the vacation pay at least one day before the vacation starts. The employer must comply with this request.
Calculating vacation pay

For salaried employees For employees paid a monthly salary, the Code requires that the employer pay an amount at least equal to the employees current wage for a normal work week. A weeks wage can be calculated by dividing the wages for normal hours of work in a month by 4.3333. Note: Vacation pay is based on the employees wages (current salary) at the time the vacation is taken. For employees paid other than by salary For employees who are paid hourly, weekly, by commission or other incentive pay, the Code requires that the employer pay:

For two weeks' vacation: Four per cent of wages earned between anniversary dates in the year before the vacation is taken. For three weeks' vacation: Six per cent of wages earned between anniversary dates in the year before the vacation is taken.
Vacation pay for entitled employees
Number of weeks vacation entitled to:

2 weeks 3 weeks
% of yearly wages (or number of weeks salary)

4% of yearly wages (or 2 weeks salary) 6% of yearly wages (or 3 weeks salary)
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Employers need to know: Vacation pay is based on an employees wages (not earnings) Remember! Wages are payment for work. For the purpose of calculating vacation pay, this definition excludes overtime pay, general holiday pay and termination pay.
Information
Generally, a years paid vacation pay is considered wages for the purpose of calculating vacation pay for the following year. However, if an employer pays vacation pay frequently, such as on every pay period or on a quarterly basis, they do not have to calculate vacation pay on the previously paid vacation pay. Disagreements about vacation dates Most employers and employees are able to agree to a mutually convenient date(s) for annual vacations. However, if they cannot agree, it is up to the employer to give the employee at least two weeks written notice of when an employees vacation is to start. The employee must take the vacation during that time. Reduction of vacation entitlements An employees annual vacation period can be reduced if that employee is absent from work (maternity, parental and reservist leave is included). The reduction in vacation period may be made in proportion to the number of days the employee was or would normally have been scheduled to work, but did not.
Vacation pay owed at termination

If employment terminates before an employee is entitled to take a first vacation, the employer must pay the employee four per cent of the employees wages earned during employment. 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.
Note: For an employee who is entitled to two weeks vacation, at least four per cent of the employees wages for the period from the date the employee last became entitled to an annual vacation to employment termination date. Note: For an employee who is entitled to three weeks vacation, at least six per cent of the employees wages for the period from the date the employee last became entitled to an annual vacation to employment termination date.
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Section 7: Maternity, Parental and Reservist Leave

Section Overview
Maternity and parental leave
Employee entitlements Maternity leave Parental leave Employee eligibility When can leave begin? Things an employer should know Notice to start maternity or parental leave Notice to end maternity or parental leave Extended leave Employer obligations
39
39 39 39 39 39 40 40 40 41 41
Reservist leave
Employee entitlements Employee eligibility Notice to start reservist leave Notice to end reservist leave Employer obligations
42
42 42 42 42 43
Additional resources
43
38

Maternity and parental leave are employee entitlements set out in the Employment Standards Code. The legislation entitles employees who qualify to a period of leave without pay. At the end of this leave without pay, the employee must be reinstated to their same or an equivalent job. Reservist leave entitles employees who qualify to a period of leave without pay. It is intended to provide employees who are reservists and qualify, with unpaid job protected leave while they are away serving their country. Like maternity and parental leave, at the end of a reservist leave, employees must be reinstated to their old or an equivalent job.
Maternity and parental leave

Note: During maternity and parental leave employees may be eligible to receive maternity and parental benefits from the federal Employment Insurance (EI) program. Employee entitlements Under the Employment Standards Code, eligible employees are entitled to up to 52 weeks of unpaid, job protected leave in the event of the birth and up to 37 weeks on the adoption ofachild.
There are two types of leave for new parents: 1. Maternity leave Maternity leave is for birth mothers only. It is up to 15 consecutive weeks in duration. It is intended to help mothers recover from the physical strain of childbirth. 2. Parental leave Mothers, fathers and/or adoptive parents are eligible for up to 37 consecutive weeks of unpaid, job protected parental leave. This leave can be taken by one parent or shared between two parents, but the total combined parental leave cannot exceed 37 weeks. Note: Adoptive parents can take parental leave for an adopted child less than 18 years of age. Employee eligibility Eligible employees must: Have 52 consecutive weeks of employment with the same employer to be eligible for maternity and/or parental leave. Note: This requirement applies to full-time and part-time employees. If an employee has less than 52 consecutive weeks of employment, an employer cannot arbitrarily lay her off, terminate her employment or require her to resign because of pregnancy or childbirth. For more information, refer to the Alberta Human Rights Commissions interpretive bulletin, titled Rights and Responsibilities Related to Pregnancy, Childbirth and Adoption. www.albertahumanrights.ab.ca/Bull_pregnancy.pdf When can leave begin? Maternity leave can begin at any time within 12 weeks of the estimated date of delivery. Parental leave can begin at any time after the birth or adoption of a child. It must be completed within 52 weeks of the date the baby was born or an adopted child was placed with theparent.
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Things an employer should know

If a pregnancy interferes with an employees job performance during the 12 weeks before the estimated due date, the employer can require the employee to start maternity leave. The employee must be notified in writing. An employee who takes both maternity leave and parental leave must take the leavesconsecutively. Birth mothers must take at least six weeks of maternity leave after the birth of her child (unless the employer agrees and she provides a medical certificate stating an early return will not endanger her health). If the employer employs both parents of a child, the employer is not required to grant leave to both employees at the same time.
Notice to start maternity or parental leave An employee must:

Give the employer at least six weeks written notice of the date when she will start maternity leave. Remember! The employer may ask for a medical certificate certifying the pregnancy and giving the estimated due date.
Information
If the employee fails to give the necessary notice, she is still entitled to maternity leave if she notifies the employer within two weeks of her last day at work and provides a medicalcertificate. Note: An employee who takes maternity leave is not required to give notice before going on parental leave (unless she originally agreed to only take 15 weeks of maternity leave). An employee must:

Give the employer at least six weeks written notice of the date when he/she will start parental leave.
Parents will still be eligible for the leave if medical reasons, or circumstances related to the adoption, prevent the employee from giving the notice. When this happens, written notice must be given to the employer as soon as possible. Employees who intend to share parental leave with their spouse must advise their employer of their intention to do so.
Notice to end maternity or parental leave An employee must:

Give at least four weeks written notice of the date that they intend to return to work (or to change their return date).
This notice must be provided at least four weeks before the end of the leave. The employer does not have to reinstate an employee until four weeks after the receipt of this notice.
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If an employee fails to provide notice, or fails to report to work the day after leave ends, the employer is under no obligation to reinstate the employee unless the failure is the result of unforeseen/unpreventable circumstances. Employees are required to provide four weeks written notice if they do not intend to return to work after their leave ends.
Extended leave The Code provides for 15 weeks of maternity leave and 37 weeks of parental leave. There are no provisions for extensions. It is up to the employer to decide whether to extend leave should unforeseen circumstances arise. Employer obligations An employer must:

Reinstate employees returning from maternity or parental leave to the same or comparable position. Not terminate an employee on maternity leave or eligible for parental leave, unless the employer suspends or discontinues the business.
Note: Earnings and benefits must be at least equal to those received when the leave began.

Note: if the business has been suspended or discontinued during the employees maternity/ parental leave, the employee has hiring priority if the business starts up again within 12 months after the end of the leave.

Be aware of his/her responsibilities under human rights legislation.

Did you know: The Employment Standards Code does not require an employer to make any payments to an employee, or pay for any benefits during maternity or parental leave? However, if an employer benefits plan exists, there may be Alberta Human Rights obligations.
Information
Did you know: Under human rights law, employers are required to accommodate the health-related consequences of an employees pregnancy and childbirth up to the point of undue hardship, regardless of how long she has worked for theemployer.
Information
For more information on these and other obligations, contact your local Alberta Human Rights Commission Office: Edmonton: 780-427-7661 Calgary: 403-297-6571 Toll-free: 310-0000 Website: www.albertahumanrights.ab.ca
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Reservist leave
A reservist is a member of the reserve force of the Canadian Forces referred to in the National Defence Act (Canada). Under the 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.
Reference: ES Code, Section 53.2
Employee entitlements When a reservist is deployed to an international operation or domestic emergency, leave may last as long as is necessary to accommodate the period of service.

There are no restrictions on how often a reservist can go on a domestic or internationaldeployment.
A reservist is also entitled to unpaid leave of up to 20 days each calendar year to participate in annual training. Annual training days may be taken non-consecutively. Employee eligibility Eligible employees must:

Have 26 consecutive weeks of employment with the same employer to be eligible for reservist leave.
Note: This requirement applies to both full-time and part-time employees. Notice to start reservist leave An employee must:

Give the employer at least four weeks written notice of the date on which the leave will start and the estimated date on which the reservist intends to resume work.
Note: a reservist will not be required to comply with the notice requirement if unable to do so, due to deployment in urgent circumstances. In this case, written notice as soon as reasonable is sufficient. In the case of leave for annual training, an employee must:

Provide at least four weeks written notice of the date on which leave will start and the actual date on which the reservist will be back at work.
Notice to end reservist leave Where a reservist has been on annual training:

No additional notice to return to work is required for a reservist who returns to work on the date specified in his/her notice to go on leave.
Note: written notice is required if this date changes.
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Where a reservist has been on leave for a domestic or international deployment for more than four weeks:

Reservist must give at least four weeks written notice of the day on which the employee intends to resume work.
Note: if this doesnt happen, the employer can postpone the reservists return to work for up to four weeks from the date of the reservists notice. Where the reservist has been on leave for a domestic or international deployment for four weeks or less:

Reservist must provide advance written notice of the return-to-work date.

Note: In this case, notice can be less than four weeks and employer cannot delay the return date. Employer obligations An employer must:

Reinstate employees returning from reservist leave to the same or a comparable position. Not terminate an employee on reservist leave, unless the employer suspends or discontinues the business.
Note: Earnings and benefits must be at least equal to those received when the leave began.

Note: if the business has been suspended or discontinued during the employees reservist leave, the employee has hiring priority if the business starts up again within 12 months after the end of the leave.
Reference: ES Code, Sections 53.4 and 53.5
Additional resources

Duty to accommodate: www.albertahumanrights.ab.ca/Bull_DutytoAccom_web.pdf Pregnancy, childbirth and adoption: www.albertahumanrights.ab.ca/Bull_pregnancy.pdf Becoming a Parent in Alberta: www.humanservices.alberta.ca/documents/becoming-a-parent.pdf Employment Insurance Maternity and Parental Benefits: www.servicecanada.gc.ca/eng/sc/ei/benefits/maternityparental.shtml
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Section 8: Termination of Employment

Section Overview
This section covers the employers responsibilities under the Code depending on whose idea it is to endemployment. Deadline of payments for amounts owed 45
1. When an employee terminates employment 2. When an employer terminates employment

Determining length of service Contents of the termination notice Termination pay (pay in lieu) Calculating termination pay Situations where no termination is allowed
45 46
47 48 48 48 48
What is just cause?

Situations that can merit just cause for dismissal
49
50
What is a temporary layoff?
52
44

The Code requires both employees and employers to give each other notice of their intention to end the employment relationship. This section is divided into two parts: 1. When an employee terminates employment 2. When an employer terminates employment Remember! Regardless of who decides to terminate the employment, if the period of employment is three months or less, no notice is required from either party.
Information
Deadline of payments for amounts owed Employers responsibility Regardless of who ends the employment relationship with notice, upon termination, an employees earnings (wages, overtime pay, vacation pay, general holiday pay and termination pay) must be paid no later than three days after the last day of employment. However, if an employer or employee terminates employment and no termination notice or termination pay is required, earnings must be paid no later than 10 days after the last day of employment.
Note: If an employee fails to give the required notice before ending his/her employment, the employer must pay the employee no later than 10 days after the date on which the notice would have expired.
1. When an employee terminates employment

If an employee wishes to terminate his/her employment, a written notice must be given to the employer as follows:
Notice
1 week 2 weeks
Length of service
When employee has more than three months, but less than two years ofservice When employee has two years or more of service
45

Employees are not required to give termination notice if:

They have been employed for less than three months. There is a different established custom or practice in an industry. Continuing to be employed by the employer would endanger their personal health orsecurity. The contract of employment is impossible to perform due to unforeseeable or unpreventable causes beyond their control. They are temporarily laid off or laid off after having refused reasonable alternateemployment. They are not provided with work as the result of a strike or lockout. They are employed under an arrangement whereby they may elect to work or not when requested to do so. They terminate their employment because of a reduction in wage rate, overtime rate, vacation pay, general holiday pay or termination pay.
Note: Most construction employees are excluded from the Codes notice of termination and termination pay provisions. School employees and school bus drivers are not entitled to termination pay if they work until the end of the school year and are given the opportunity to work at the beginning of the next school year.
Reference: ES Regulation, Sections 5 and 5.1
2. When an employer terminates employment

Under the Code, an employer who terminates an employees employment must give written termination notice of at least:
Notice
1 week 2 weeks 4 weeks 5 weeks 6 weeks 8 weeks
Length of service
For employment of more than three months, but less than two years For employment of two years or more, but less than four years For employment of four years or more, but less than six years For employment of six years or more, but less than eight years For employment of eight years or more, but less than 10 years For employment of 10 years or more
The employer may provide termination pay for the appropriate period or a combination of termination notice and termination pay.
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Remember! A termination notice is null and void if an employee continues to be employed by the same employer after the date specified for termination of employment.
Information
Determining length of service An employees length of service is the time that the employee has worked for the employer. It can include more than one period of employment, if the breaks between periods are not longer than three months.
Remember! If a business, or any part of it, is bought, sold, leased or transferred and an employee continues to work for the business, the employee retains all previous length of service and would be entitled to a notice of termination based on their full length of service. The original hire date with the initial business would be used for determining termination pay.
Information
Employers are not required to give termination notice (or pay in lieu) to employees who are:

Employed on a seasonal basis (if their employment is terminated on completion of theseason). Employed for a definite term or task for a period not exceeding 12 months. Employed for three months or less. Temporarily laid off. Terminated for just cause. Laid off after having refused reasonable alternate employment. Not provided with work as the result of a strike or lockout. Employed under an arrangement where they may elect to work or not when requested to.
Termination notice or termination pay is also not required to be given to employees:

Who have refused work made available through a seniority system; Whose employment has been terminated for failing to return to work within seven consecutive days of a recall (unless provided otherwise in a collective agreement); or Whose contract of employment has become impossible to perform because of unforeseeable or unpreventable causes beyond the control of their employer.
The Code does not legislate termination notice for some employees, but these employees may be entitled to notice at common law.
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Contents of the termination notice To be valid, a termination notice must be:

In writing and addressed to the employee concerned; Given or otherwise provided to the employee; and For the correct notice period or longer.
Note: it is not sufficient to post a termination notice on a bulletin board or other public area. To see a sample termination letter, search for Sample termination letter under the Additional Resources section. Termination pay (pay in lieu) If an employer, for any reason, does not wish to have an employee work out a notice period, the employer may give the employee pay in lieu in the amount the employee would have earned had the employee worked out the required notice period. An employer may combine notice (which the employee works out) and pay in lieu of notice to make up the required notice period.
Calculating termination pay Termination pay must be at least equal to the wages the employee would have earned if the employee had worked regular hours for the termination period. When an employees wages vary from one pay period to another, the weekly average of the employees regular wages for the three-month period (13 weeks) immediately preceding the date of termination is used to determine the employees termination pay. Situations where no termination is allowed Generally, an employer has the right to terminate an employee at any time, as long as they provide the required length of notice or pay in lieu. The major exception is where the dismissal is in violation of human rights legislation. Go to: www.albertahumanrights.ab.ca/default.asp for more information. There are also situations where it is considered a violation to terminate an employee. An employer may not terminate the employment of, or lay off, an employee who:

Has started maternity leave; Is entitled to or has started parental leave; Who has started reservist leave.
Reference: ES Code, Sections 52 and 53.4
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However, an employee on maternity, parental or reservist leave can be terminated or laid off if the employer suspends or discontinues the business, undertaking or other activity in which the employee was employed. Note: If this happens, the employer is obligated to reinstate the employee or provide the employee with alternative work in accordance with an established seniority system or employer practice, if operations are resumed within 52 weeks following the end of the employees maternity, parental or reservist leave. An employer may not terminate the employment of, or lay off, an employee:

For the sole reason that garnishment proceedings are being or may be taken against theemployee.
An employer may not terminate the employment of, lay off, or discriminate against anemployee:

For exercising their rights or complying with certain obligations under the Code. Making a complaint; Giving or having the potential to give evidence at any inquiry or in any proceeding orprosecution; Requesting or demanding anything to which he/she is entitled; or Making or being about to make any statement or disclosure that may be required.
For example, an employee cannot be discriminated against for:

What is just cause?

An employer can terminate an employee without notice for just cause. Termination for just cause typically involves conduct that is serious enough (either on its own account or in combination with other factors) to justify the employer ending the employmentrelationship. Employers responsibility The employer is responsible for proving that the dismissal is justified. The employer must show more than just dissatisfaction with an employees performance. Real misconduct or incompetence must be demonstrated. It is also the employers responsibility to prove that: The employee was aware of the consequences of failure to perform certain duties or obey certain rules.
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Information
Employer tip! There are lots of ways to ensure that your employees know the consequences of breaking the rules. Here are a few:

Develop an employee handbook and distribute it to all staff. Include information on vacation and general holidays, overtime, as well as disciplinary measures for misconduct. Post a copy of this handbook in a public place for all staff. Issue warning letters. If an employees conduct becomes problematic, issue a warning letter describing the disciplinary action that will be taken if behaviour is not corrected. A Sample warning letter is available for review under the Additional Resources section.
As an employer, it is important to keep accurate records. It is a good practice to document the time, date and outcome of any conversations or encounters that you have with an employee about inappropriate behaviour or conduct. This information could be useful if you decide to terminate the employment relationship in the future. Having an effective policy in place on appropriate workplace behaviour can decrease an employers liability in the event of a complaint being filed. Situations that can merit just cause for dismissal Misrepresentation of qualifications If an employee does not tell the truth about his or her skills and qualifications, the employer may have just cause for dismissing the employee after determining his or her true abilities. Sexual harassment Sexual harassment is any unwelcome behaviour that is sexual in nature (either direct or indirect) that negatively affects (or threatens to affect) a persons job security, working conditions, prospects for promotion, earnings or from getting a job. For more information on an employers responsibilities in cases of sexual harassment, go to: www.albertahumanrights.ab.ca/SexualHarass.pdf. Breach of duty Breach of duty can occur when an employee knowingly jeopardizes the interests of the employer, reveals confidential information, breaches company policies or conducts him/ herself dishonestly. Conflict of interest Just cause for dismissal exists when an employee uses special information obtained while employed for his or her own purposes, and without the consent of the employer. Competing with employers interest If an employee knowingly competes with an employers interests, it can be just cause fordismissal.
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Establishing a competing business while still working for the employer, soliciting employers customers for a new business or taking benefits from competitors are some examples of just cause.
Example
Willful disobedience Willful disobedience occurs when an employee disobeys an employers lawful and reasonableorder. Theft Theft is just cause for dismissal. The employer is responsible for providing tangible proof that the employee committed the theft. Fraud and dishonesty Any fraudulent activity committed by an employee is just cause for dismissal. Unless the employee is in a position of trust, the fraud: Must be committed against the employer or as part of the job; Must be deliberate (intent to defraud exists). Insolence and insubordination Rude and offensive behaviour toward the employer can be just cause for dismissal. It must be deliberate. Note: Just cause does not exist if the behaviour is a result of the employee being provoked or a personality clash. Absenteeism or lateness Chronic and excessive absences or lateness (even if for a valid reason) is just cause for dismissal. The absences and late arrivals must be the fault of the employee. Some examples of just cause include: Failing to return to work after vacation. Leave of absence without notifying the employer. Taking time off under false pretenses. Chronic tardiness that is intentional and deliberate. Illness Temporary illness or disability is not just cause for dismissal. However permanent illness or disability may be. For more information, go to: www.albertahumanrights.ab.ca/employment/employer_info/ termination_and_severance.asp. Intoxication and substance abuse Intoxication and substance abuse are not just cause for dismissal. It is the consequences of the intoxication or abuse that are significant.
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Serious incompetence Being unable to demonstrate the skills and abilities the employee claims to possess is just cause for dismissal. To prove incompetence the employer must:

Set objective standards of the competence needed to do the job and make this known to the employee; and Give the employee suitable instruction and support to enable him or her to meet the standard required. Remember! The incompetence must be serious enough to justify dismissal.
Information
Personality conflict The inability to get along with fellow workers is not just cause for dismissal.
Information
Employer tip! If in doubt, call a lawyer! When dealing with termination for just cause, it is a good practice to seek legal counsel prior to issuing a termination notice.
What is a temporary layoff?

A temporary layoff occurs when an employer wishes to maintain an employment relationship without terminating the employment of an employee. In Alberta, the maximum duration of a temporary layoff is 59 days. An employees employment is considered to be terminated, and the employer must pay termination pay, on the 60th day of a temporary layoff. The period of temporary layoff can be extended beyond 60 days if:

The employer makes regular payment to or on behalf of the employee, such as continuing to pay wages, employee pensions or benefits.
Termination pay is payable when benefits cease. If there is a collective agreement that contains recall rights following lay off, the employment terminates and termination pay is owed when recall rights expire. To be valid, a notice of temporary layoff must:

Be in writing; State that it is a temporary layoff notice and its effective date; and Include sections 62, 63 and 64 of the Code regarding layoffs.
Reference: ES Code, Sections 62, 63 and 64
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Section 9: Adolescents and Young Persons

Section Overview
This section discribes the regulations surrounding the employment of adolescents and young people in the province of Alberta. It covers the rules of employing a worker between the ages of 12 to 17 years, the types of jobs that are allowed and general restrictions concerning their employment.
Employing an adolescent (age 12 to 14 years)

Types of jobs not allowed Hours of work Safety considerations Employers responsibility Restaurant and food services industry
54
54 54 55 55 55
Employing a young person (age 15 to 17 years)

Hours of work and required adult supervision
55
55
Employment permits
Applying for a permit to employ an adolescent Types of jobs considered potentially harmful to adolescents
56
56 56
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Employing an adolescent (age 12 to 14 years)
Adolescents are 12, 13 and 14 years old. They may be employed as:

Delivery person for newspapers, flyers andhandbills. Delivery person for small goods and merchandise for a retail store. Clerk in a retail store. Clerk or messenger in an office. Certain duties in the restaurant and food services industry (must work with and be in the continuous presence of an adult). Host/hostess Cashier Dishwasher Table bussing Server or waiter Providing customer service Assembling food orders Remember! The parent or guardian of any adolescent must agree to the employment and provide written consent to the employer prior to starting work.
Reference: ES Regulation, Sections 51 and 52(1)
Information
Types of jobs not allowed An adolescent cannot: Use deep fryers, grills, slicers, or other potentially dangerous equipment, or work in areas where deep fryers, grills, slicers or other potentially dangerous equipment are inoperation. Work in areas where smoking is permitted. Sell or serve liquor in licensed premises. Hours of work An adolescent cannot: Work during normal school hours (unless enrolled in an education program under the School Act, such as: Work Experience Program or the Registered Apprenticeship Program (RAP)). Work for longer than two hours on a schoolday. Work for longer than eight hours on a non-school day.
Information
Remember! Adolescents cannot work between 9 pm and 6 am.

Reference: ES Regulation, Section 52(3)
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Safety considerations It is the employers responsibility to ensure that the job is not likely to be dangerous to the life, health, education or welfare of the adolescent. Employers responsibility

It is the employers responsibility to complete a written hazard assessment of the adolescent employees worksite. Keep a copy of the hazard assessment at theworksite; Control or eliminate all hazards; and Warn the adolescent about any hazard that might affect them.
The employer must also:

To see a sample hazard assessment form, search for the Sample hazard assessment form under the Additional Resources section. Note: Part 2 of the Occupational Health and Safety Code 2009 Explanation Guide gives employers information about hazard assessments, elimination and control. For more information call the Occupational Health and Safety Contact Centre at: 1-866-415-8690 or visit: www.humanservices.alberta.ca/working-in-alberta/53.html. Restaurant and food services industry In the restaurant and food services industry, the employer must also complete the Safety Checklist for Adolescent Employees in Restaurant and Food Services found at: www.hirestandards.alberta.ca. The employer must:

Keep an original copy of the checklist at the worksite; and Mail or fax a copy of the checklist to the Permit Administrator at EmploymentStandards.
Employing a young person (age 15 to 17 years)

Young persons are 15, 16 and 17 years old. The Code does not prohibit a young person from working in any occupation. However, there are requirements for supervision.
Hours of work and required adult supervision A young person can work between midnight and 6 am only if:

The young persons parent or guardian gives the prospective employer written consent to the employment; and The young person is in the continuous presence of an employee over the age of 18 at alltimes.
Note: Continuous presence means that the young person must work alongside and within visual and hearing distance of an adult employee.
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A young person who works in a retail store, retail business selling gas or petroleum/ natural gas products, hotel, motel or place that sells food or drink:

Cannot work between midnight and 6 am. Can work between 9 pm and midnight only if he/she is in the continuous presence of an employee over the age of 18. A young person cannot sell or serve liquor in licensed premises. A young person who is required to attend school under the School Act cannot work during normal school hours (unless enrolled in an education program under the School Act, such as: Work Experience Program or the Registered Apprenticeship Program (RAP)).
Employment permits
For adolescents, some jobs require an employment permit. The permit system gives parents or guardians, employers and Employment Standards a chance to investigate if the employment could harm the life, health, education or well-being of the adolescent, before the employment starts.
Applying for a permit to employ an adolescent Complete and submit an Application for a Permit to Employ an Adolescent found at: www.hirestandards.alberta.ca. The application requires information from the applicant, the parent or guardian, and the employer. The application will be reviewed and a response will be sent to both the employer and the employee. The adolescent may not begin work unless the application is approved and a permit is received. The permit may include conditions such as always working with an adult, or receiving specific training. Note: An Employment Standards officer may conduct a site visit of any worksite requesting a permit to employ adolescents. Types of jobs considered potentially harmful to adolescents

Jobs in the construction industry. Jobs requiring heavy lifting. Jobs working with or near moving vehicles and equipment (including forklifts). Jobs working with potentially hazardous equipment, such as pneumatic drills, conveyors for bulk materials, hand grinders, welding equipment, hammers, blowtorches, deep fryers, grills, slicers, or sharp knives, etc.
Information
Remember! Adolescents and their employers have other rights and responsibilities under Albertas employment standards and occupational health and safety laws.
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Section 10: The Employment Standards Process

Section Overview
This section is about the Employment Standards process and what happens when a complaint is filed.
Complaints to Employment Standards How a complaint is filed Investigating complaints
58 58 59
Appeals 60 Order of Officer or Director Prosecution under the Code How the Employment Standards enforcement process works
Employment Standards enforcement process map Enforcement process step details
60 60 61
62 63
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Both employers and employees share the responsibility to comply with Employment Standards legislation and are best able to manage their affairs when statutory rights and responsibilities are clearly established and understood. Where employment disputes arise and the parties are unable to resolve the matter on their own, the Code provides a fair and equitable dispute resolution mechanism that includes investigation, enforcement and appeal provisions. It is an employees right to be able to file a complaint with Employment Standards when they believe that the Codes minimum standards are not being met.
Complaints to Employment Standards

Most employers provide benefits that meet or exceed the minimum standards set by law. However, in some instances employers fail to give their employees benefits sufficient to meet these minimum standards. When this happens, Employment Standards encourages parties to first try to resolve workplace disputes without direct government intervention. Employment Standards provides employers and employees with access to a wide range of information resources, publications, a website, a call centre and education services to help develop strategies for dispute resolution. Note: If efforts to resolve the matter using the Self-Help Kit and other resources have been unsuccessful, the employee may then file a complaint. This may be done online.
How a complaint is filed

If a dispute arises and the employer and employee cannot resolve it on their own, the employee (or former employee) may file a written complaint. Note: When a third party is concerned that an employer is not complying with the Code, the third party can also bring the concern to the governments attention. A written complaint can be made by an individual to an Employment Standards officer:

At any time during their employment, or Within six months of termination of their employment.
Note: The Director of Employment Standards has the authority to extend this time period ifnecessary.
Information
Remember! Individuals are protected from discrimination and terminationof employment if they make a complaint or give information relating to a complaint.
Complaints can be received by Employment Standards online at: www.employment.alberta.ca/escomplaint.
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Note: If an employee is unable to access a computer with internet connection (such as at a local library, friend, family member or local government office), a paper complaint form may be accepted. The Complaint by Employee form can be found at: www.employment.alberta.ca/escs/Complaint/SubmitComplaint.aspx#.
Investigating complaints
Employment Standards assesses all employee complaints and third party inquiries to determine the most appropriate course of action based on the circumstances. The overall objective is to ensure employees receive their full entitlements under the Code. An officer will seek to resolve a complaint through voluntary agreement. Each investigation includes an educational component for both parties to the dispute. Employment Standards also has a variety of formal enforcement tools at its disposal, including: Notice to Produce Employment Records Notice of Decision of Officer Order of Officer Direction of Officer Audits Directors Demands to Third Parties Single Employer Declarations Directors Certificates Mediation is also used by officers as a form of dispute resolution where: Insufficient or contradictory evidence exists concerning the exact entitlements, The parties request assistance in mediating a resolution to their dispute, or The normal complaint process is unlikely to result in collection of the full entitlements due. Remember! If an employer, employee or other person delays or obstructs an officer, falsifies an employment record or gives false or misleading information about employment records, they are liable to prosecution.
Information
If an investigation reveals that an employer has failed to meet the Codes standards, and mediation is unsuccessful, the officer or, in some cases, the Director of Employment Standards, will make an order. Order of Officer or Order of Director of Employment Standards This order declares how much the employer owes to the employee as a result of the failure to provide the minimum benefits.
Definition
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Appeals
If an employee or an employer believes that the Order of Officer is wrong, they may appeal the order within 21 days. Otherwise, the Order is binding and will lead to enforcement. Where an officer decides that an employee is not entitled to a remedy under the Code, the employee may appeal the officers decision within 21 days.
Order of Officer or Director

An Order of Officer or the Director will contain the following basic information: The legal name of the employer to whom the order is directed, The name of the employee about whom the order is made, and The amount payable to the employee. Note: Copies of an Order must be served on the employer and employees affected by it. The amounts ordered to be paid can take into account deductions authorized or permitted by the Code, but must not take into account a claim, counterclaim, or set-off by an employer against an employee. Following an inspection, investigation or inquiry, an officer may direct an employer or employee to comply with the Code, or an Order, award, demand, declaration, permit, approval or notice issued under the Code.
Failure to comply could result in a prosecution under section 126(a). In addition, an Order may require an employer to pay to the Director fees that are prescribed in the Regulation.
Reference: ES Code, Section 126(a).
Prosecution under the Code

A prosecution for an offence under the Code must begin within one year from the date on which the alleged offence occurred.
Employment Standards will consider the following three factors before recommending prosecution under the Code: The seriousness of the offence; Whether alternatives to prosecution have proven ineffective; Whether there is sufficient evidence to conclude there is a reasonable likelihood ofconviction. If a recommendation to commence prosecution proceedings is supported in the department, an Alberta Crown prosecutor will assess the recommendation and determine if it is in the public interest to proceed with a prosecution under the Code.
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How the Employment Standards enforcement process works
The process followed when enforcing employment standards is depicted in the following diagram. Details about each step are listed on Pages 63/64. Note: This is a plain-language outline. Terms used to describe certain processes, documents or decisions may be different in formal investigations. To download a PDF version of the diagram, visit: www.humanservices.alberta.ca/working-in-alberta/14281.html. You can find the current Compliance Policy and Enforcement Procedures at: www.humanservices.alberta.ca/working-in-alberta/13604.html.
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Employment Standards enforcement process map
Complaint, investigation or general inspection launched. Records demanded.
1 2
Employer directed to post an inspection notice.
Records produced?
4
No
Prosecution for obstruction will be considered.
Yes Officer reviews records provided and/or complaint details.
Frequent/ problem offender? Yes
Yes
9
ES Violation?
7
No
Non violation decision issued to employer. (Appeal possible).
No
Possible audit and prosecution.
10
Violations outlined to employer, who is directed to comply. 11
Employer takes action and informs Officer. No
Full compliance?
12 13
Yes
Compliance Met documentation issued by Officer and posted by employer. 14
One or more steps will be taken.
15
Audit performed at employers expense.
16
Orders issued to employer. (Appeal possible).
17
Order filed in court. Order fee applies.
18
Collection proceedings begin.
19
Referral to collection agency. Seize assets. Additional fees apply. 20
Seize monies. (Appeal possible).
21
Money collected/ assets liquidated.
22
Prosecution recommended to Alberta Justice.
24
Alberta Justice proceeds with prosecution.
25
Money distributed to worker(s).
23
Disclaimer Depending on the violations observed, the Employment Standards officers may use a variety of enforcement actions, including recommendation to Alberta Justice for prosecution. This diagram is for illustration purposes only. Actual processes used may vary according to individual circumstances of an investigation or inspection.
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Enforcement process step details 1. A complaint by an individual is filed with Employment Standards or an employer is identified for a general inspection. The enforcement process begins. Note: Prosecution through the courts is possible for making an untrue or fraudulent complaint. 2. An officer notifies the employer of the investigation or inspection and issues a formal demand for the employer to produce payroll records. The employer will be given a specific time period to produce records. 3. The officer provides the employer with an Inspection Notice to be posted in a prominent location at the worksite(s). The notice indicates that an inspection or investigation is underway and must not be removed until the project is complete. 4. Has the employer provided the records requested?
5. Prosecution through the courts will be considered for obstructing an officer, falsifying records, making a complaint to an officer knowing it is untrue or failing to comply with a Notice of Officer. 6. The officer will review the information provided by the complainant, the records provided from the employer and any other pertinent information. This may also include interviewing other employees. 7. The officer decides whether an employment standards violation has occurred.
8. The officer has decided no violation has occurred and issues a Non-Violation Decision. The complainant has the option to appeal the decision. Please see the Employment Standards Fact Sheet regarding complaints found at: www.humanservices.alberta.ca/crp. 9. Frequent/problem offenders could be employers that have had numerous complaints registered and/or decisions/Orders issued, or could be employers that refuse to comply with Officer Directions or Orders.
10. Employment Standards may choose to initiate an audit and/or legal prosecution of frequent or problem offenders, even if the employer has complied with standards in a particular instance. Audits of employer records may discover previous unpaid employee earnings. If so, payment for these earnings will be enforced by ES officers. 11. The officer explains the violations that have occurred to the employer and outlines what the employer must do to comply with minimum standards. 12. The employer follows the directions given by officer and provides proof to confirm compliance. 13. The officer reviews the proof provided by the employer that action has been taken to comply with employment standards and decides whether full compliance has been achieved. This may have included payment of monies owed, reinstatement or other steps ordered by the officer or Director.
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14. The officer has decided that full compliance with employment standards has been met and issues a Compliance Met form to all parties. Documentation confirming compliance has been met is provided to the employer. The employer is asked to replace the Inspection Notice issued earlier (box 3) with the Compliance Met notice. 15. The officer has decided that employment standards have not been met and proceeds to the next stage, which may involve one or more actions. 16. An audit may be performed by a government representative (known as a Crown Audit) or it may be performed by an external organization (known as a Third Party Audit). In either case, the employer will be charged for the costs of the audit, which can be extensive. Results from an audit are reviewed and a decision is made whether to proceed with further steps. 17. The officer may issue Orders for the employer to pay monies owing. The Director may issue an Order to reinstate or compensate the complainant. In either case an Order Fee will be charged to the employer. The employer has the option to appeal. If the employer complies with these Orders they will not be filed in court (box 19). 18. The Order(s) are filed with the provincial Court of Queens Bench. 19. Collection proceedings will proceed. No further appeals of the amounts assessed by the officer are permitted. 20. If monies are not collected, the matter is referred to an external collection agency, which will proceed with collection. Employer property may be seized. Additional fees will apply. 21. Monies may be seized from the employer, from a bank account or from another party, such as a firm indebted to the employer. The employer and the complainant have the option to appeal. 22. Monies are collected. Seized property assets may be liquidated to cash. 23. Recovered monies are distributed to the complainant. 24. A recommendation for prosecution may be provided to Alberta Justice along with all appropriate information. 25. Alberta Justice reviews all information provided and makes a decision whether to proceed with civil prosecution in the Alberta courts. If so, the employer will be notified and court action will commence. If you have questions about this process, or require further information regarding Albertas Employment Standards, please contact the Employment Standards Contact Centre at 7804273731 or 18774273731. You can also inquire via e-mail by visiting the Employment Standards Online site found at: www.humanservices.alberta.ca/working-in-alberta/3361.html. Note: Employment Standards has the right to place liens on and/or seize property belonging to the employer, including bank accounts or other assets. If another company (sometimes called a third party) owes money to the employer, Employment Standards may seize this money from the third party as well. Matters referred to collection agencies have a 25 per cent collection fee added.
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Additional Resources
Section Overview
Employee or contractor: How to know the difference Statement of earnings Employee time tracking sheet Frequently asked questions about work clothes Payroll deduction authorization forms Frequently asked questions about compressed work week arrangements (CWW) Examples of typical compressed work week arrangements Individual overtime agreement Group overtime agreement Group overtime agreement Part A and Part B Management or supervisory employee questionnaire General holidays in Alberta Sample warning letter (On company letterhead) Sample termination letter (On company letterhead) Sample hazard assessment form Hazard Assessment and Control Sheet Parent/guardian consent for employment of adolescent Common exceptions from Employment Standards 66 69 70 71 72
75 77 78 79 80 81 82 83 84 85 86 87 89
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Employee or contractor: How to know the difference
Employment Standards deals with questions, requests for information and complaints related to Albertas Employment Standards Code. Sometimes interpreting these pieces of legislation can raise questions about the distinction between contractors and employees. For example, who is entitled to certain payments? Or, to take time offwork? Most employees and employers in Alberta are covered by the Code. However, the Code does not apply to the self-employed/contractor. Note: the Code does apply to contractors if they are also employers; the Code will protect the employees that they hire. Under the Code, an employer is a person who employs an employee. The definition includes former employers. An employee is defined as an individual employed to do work who receives or is entitled to wages. The definition includes former employees. Here are some general guidelines to help you determine whether or not an individual is an employee or a contractor.
Information
Remember! While general guidelines apply, its important to know that different government organizations use their own specific considerations to decide if a worker is an employee or a contractor (for example: the Canada Revenue Agency (CRA)).
Table 1 1: Working conditions that determine if someone is an employee or a contractor
Direction and control Method of payment

Receives an hourly, weekly or monthly wage or salary, or is paid oncommission. Receives a pay-related document such as a pay cheque and statement of earnings. Usually works specified hours set by the employer. Receives benefits such as vacation pay, Employment Insurance and Canada Pension Plan contributions. Benefits are paid for in full or part by the employer.
Submits invoices. Receives pay as a lump sum or in installments, often on contracts received as the result of a successful project bid. Generally is free to choose time ofwork. May pay insurance premiums for privately held-plans. In most cases, does not participate in the Employment Insurance program.
Hours of work Benefit plans
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Training

Receives in-house, on-the-job or outside training that is provided, paid or reimbursed by the employer. Usually devotes all working time to one employer. (Someone with several part-time jobs with different employers is still considered anemployee). Personally performs the work or service and cannot hire someone else to do it. Works under the direction and control of an employer. Can be discharged from work, provided Albertas Employment Standards Code and other requirements are met. Can terminate his or her employment in accordance with Albertas Employment Standards Coderequirements.
Has the required training before starting the job. Pays his or her own training costs. Typically has many potential income streams and serves a number of payers during a given period. (On a large project, for a while, most of the contractors time may be spent on that project). May employ or subcontract others to do the work. May have to meet deadlines, but can set the schedule, sequence or manner in which the work is done. Normally, as long as he or she has complied with the requirements of the contract, cannot be discharged by the payer without compensation. Normally, as long as the payer has complied with the requirements of the contract, cannot terminate the contract without liability. If the contract allows for termination, the payer of the contractor can do so under the specified conditions. Generally works without supervision to meet the requirements of thecontract. Does not receive or follow ongoing instructions on when, where and how to work. Decides what methods will be used to achieve the final outcome. Supplies a project or service as required by the contract. (Once these requirements have been met, the contractual relationship ends.)
Full-time, personal and exclusive service
Schedules and routines Right to discharge or terminate employment
Supervision and compliance with instructions
Works under the supervision of theemployer. Generally must follow the employers instruction on how, when and where the work is performed. Generally must follow the employers instructions regarding the quality or volume of work. May perform a variety of tasks and duties. (The relationship with the employer continues after these tasks or duties have been completed.)
Specific results
Ownership of facilities, supplies, tools and equipment Facilities and premises

Usually uses a workspace, furniture, phone, computer and related equipment provided, maintained and paid for by the employer.
Usually supplies (leases, rents or owns) the space, furniture, phones, computers and other equipment needed to work. When possible or necessary, may work at the payers premises.
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Tools and Equipment

Usually uses tools, equipment and materials provided and paid for by the employer. (Some trades people, including mechanics and carpenters, provide their own hand tools even when they are employees).
Usually buys, rents or leases the tools, equipment, materials and supplies including letterhead and business cards required for the job. Usually arranges and pays for tools and equipment maintenance andupgrades.
Stands to make more money if project work is completed more quickly than expected or if other savings occur.
Chance of profit or risk of loss Profit

Does not necessarily earn more if work is completed more quickly than expected or if other savings occur. May earn more through bonuses or incentive pay plans. May earn more as length of service or experience increases. Is paid for labour or services provided. Receives pay at an established rate that is independent of the employers sales, profits or losses. Is not responsible for covering bad debts: debts are the employersresponsibility.
Risk of loss
Stands to make less money if project work takes longer to complete, if a bid is inaccurate or if costs increase because of damage or for otherreasons. Risk having periods with less work (possibly after an unsuccessful contract bid) and therefore lessincome. May have to deal with bad debts.
Integration Independence and self-employment

Is not self-employed. Is part of the employers business and depends on one income source. (Part-time employees with several employers are still employees). The longer and more permanent the working relationship, the more likely that someone is considered to be anemployee.
Acts on his or her own behalf. Is in business for his or her own benefit and is not part of the payersbusiness. Relies on several income sources or payers over time. Does business with the generalpublic. May hold a business license. Has a GST number or WCB account.
Table adapted from: Employee or Contractor? Know the Difference. Catalogue Item # 708399. Alberta Employment and Immigration. 2008. Government of Alberta.
1
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The Employment Standards Code requires an employer to provide employees with a written statement of earnings at the end of each pay period. There are several pieces of information that a statement of earnings must include. Use the statement of earnings checklist to ensure your companys pay stub includes all the necessary information.

Pay period covered by the statement Number of regular and overtime hoursworked Number of hours taken off in lieu ofovertime Wage rate and overtime rate Earnings paid: showing each component of the earnings separately (e.g. wages, overtime, general holiday pay and vacation pay) Amount of deductions from earnings and the reason for each deduction
Sample pay stub Name: Pay period: Wage rate: Overtime rate: Jack G. Candle April 21 - 25, Year $12.00/hour $18.00/hour
Hours
Earnings: Regular hours Overtime Time off in lieu (taken April 22, Year) (4 banked hours x $12.00/hour) General holiday pay (8 hours x $12.00/hour) Vacation pay (4%) Total earnings: Deductions: (amounts are examples only) Income tax EI CPP Total deductions: Net pay
(Optional list only if being paid)
Earnings
$360.00
30 4 (banked) 4 8
$48.00 $96.00
$504.00
($50.00) ($20.00) ($9.00) ($79.00) $425.00
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Employee time tracking sheet
The Employment Standards Code requires employers to record the actual hours of work of each employee for each working day. These employment records must accurately show how the totals of regular and overtime hours are calculated, including paid and unpaid breaks. Time that does not have to be recorded includes: a break provided by the employer when the employee is free to leave the workplace, or time-off provided by the employer as sick time, bereavement or leave of absence. Two sample employee time tracking sheets are attached. Note: These forms are proposed as examples. They can be modified or adapted to meet your needs. No form is imposed by the Code respecting Employment Standards. Employee biweekly time record (template 1) Employee name: Employee number: Title/Job description: Date: Department:
Week one:
Date Activity Time start Break Time finish Hours
Week one total hours:
Week two:
Date Activity Time start Break Time finish Hours
Week one total hours: Authorization required for all overtime hours Supervisors signature: Total regular hours: Total overtime hours:
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Employee weekly time tracking record (template 2)
Employer name Address
Timesheet
Title: Status: Supervisor: Start time Breaks End time Regular hrs. Overtime hrs. Total hrs.
Employee name: Employee number: Department: Date
Weekly totals: Employee signature: Supervisor signature: Date: Date:
Frequently asked questions (about work clothes)

Can an employer make a deduction for a uniform or other work clothes that the employee is required to wear during work hours? Yes. But the deduction can only be made with the written authorization of the employee. A deduction for a uniform cannot be more than the employers actual cost to buy the uniform. What kind of written authorization must I have to make a deduction for uniforms? A date-specific, amount-specific authorization should be signed by the employee for that one deduction. The deduction must not take an employees earnings below minimum wage. Can I deduct the cost of or the cleaning of the uniform from an employees pay cheque if they are paid minimum wage? No. Deductions made from an employees wages for supplying or looking after uniforms or other articles that must be worn on the job cannot reduce the employees earnings below the minimum wage.
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Can I ask for a deposit from the employee for work clothes? Yes. However, it is recommended that the terms of the agreement be in writing. If the deposit is to come off the pay cheque, you cannot take the employees earnings below minimum wage and you must have signed authorization to make the deduction. Can I withhold the employees final pay cheque if the work clothes are not returned? No. An employees final earnings must be paid according to the provisions of the Employment Standards Code. If I provide new work clothes in the future, must I have a new authorization? Yes. You must have a new written authorization. Can I dictate to employees that they are expected to wear their work clothes at all times? Yes. If they dont, employees can be disciplined. Employees must be aware that failure to wear their work clothes may lead to the discipline process. Are there other restrictions on work clothes and deductions for them? Yes. When employees pay for their work clothes, the clothing becomes their property and the employer cannot require the work clothes to be returned without compensating the employee. When the employer pays for the work clothes, it remains their property and the employers are entitled to have the work clothes returned once employment ends. The terms of the arrangement should be outlined in writing at the beginning of the employment relationship. Can I have an appearance/dress code for my place of business? An employer can set reasonable appearance and grooming standards necessary for the safe and effective conduct of the business. Employees must be made aware that failure to adhere to these standards may lead to the discipline process.
Payroll deduction authorization forms

Excerpt from the Employment Standards Code, Part 2, Division 1, Section 12 Deductions from earnings 12(1) 12 (2) 12 (3) 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). 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 enactment or a judgment or order of a court, (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. Despite an authorization in a collective agreement or a written authorization by an employee, an employer may not deduct from earnings a sum for (a) faulty workmanship, or (b) cash shortages or loss of property if an individual other than the employee had access to the cash or property.
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Payroll deduction authorization form (multiple instalment deductions) Legal Name of Company and Address: Company Phone Number:
In accordance with Part 2, Division 1, Section 12 of the Employment Standards Code, and, by signature below: (print employee's name) I (name of employer) authorize my employer, $ (total amount to to deduct the total amount of be deducted or amount to be deducted per pay period when total amount is unknown) off my earnings for receipt of the following: (specify purpose of the deduction/rationale, e.g. cell phone, rent, meals, childcare, uniform payment, any invoice #, etc. that is applicable). This payroll deduction will be effective to the employer is complete). (start date) (end date, e.g. indefinitely or until repayment to
The amount of $ (exact dollar amount) will be (specify monthly / semi-monthly / deducted from my bi-weekly / weekly or other) pay periods and is no longer payable after pay period (state payroll end date or upon termination, etc). ending
Employee signature
Date
Authorizations for payroll deductions must be given by the employee to the employer in writing. The authorization must be clear and specific to the amount that is being deducted and its purpose. Always keep copies of letters on the employees file. There are some deductions that are not allowed even with written authorization from the employee. These include deductions for: faulty workmanship, cash shortages or loss of property. In order to change or stop an ongoing deduction from occurring, a new payroll deduction authorization form must be completed.
Information
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Payroll deduction authorization form (unique/one time deductions) Legal Name of Company and Address: Company Phone Number:
In accordance with Part 2, Division 1, Section 12 of the Employment Standards Code, and, by signature below: (print employee's name) I (name of employer) authorize my employer, $ (total amount to be deducted) to deduct the total amount of off my earnings for receipt of the following: (specify purpose of the deduction/rationale, e.g. cell phone, rent, meals, childcare, uniform payment, any invoice #, etc. that is applicable). This payroll deduction will be deducted off my semi-monthly / bi-weekly / weekly) pay period ending date or upon termination). (specifiy monthly / (state payroll end
Employee signature
Date
Example
A letter format like this one could be used if: An employee rents the companys maintenance shop for personal use on the weekends. The employer charges the employee an hourly rate when used and deducts payment from the employees pay cheque.
Information
Authorizations for payroll deductions must be given by the employee to the employer in writing. The authorization must be clear and specific to the amount that is being deducted and its purpose. Always keep copies of letters on the employees file. There are some deductions that are not allowed even with written authorization from the employee. These include deductions for: faulty workmanship, cash shortages or loss of property.
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Frequently asked questions (about compressed work week arrangements (CWW))
Is employee approval required for an employer to implement a CWW? No. An employer can require an employee to work a CWW. When is it appropriate to institute a CWW? When the work is scheduled on a consistent and repetitive basis, it lends itself to a CWW. If the work schedule is dependent on other factors such as work availability or the weather, a CWW would not be appropriate. Is there a limit to the number of hours which may be scheduled in a day as part of a CWW? Yes. An employee can only be scheduled to a maximum of 12 hours (including breaks) in a work day. What is a CWW cycle? A cycle is a work schedule covering more than one week that repeats itself in the same order. The work schedule must show all the work weeks that make up the cycle. How are new employees paid for hours of work if they start employment part way into thecycle? All scheduled hours will be paid at regular pay. The employer must establish the cycle. Once this is done, any employee working within that cycle is subject to payment under the CWW. The employer must inform the new employee of this before the employee starts work. If a casual or part time employee fills in for another employee on a CWW, can the scheduled hours worked be paid at regular pay? Yes, as long as the employee is informed prior to working the shift that they are filling in on a CWW and will not be paid overtime for any of the scheduled hours. Can two employees job-share on a CWW schedule? Yes. However, it is the employers responsibility to ensure that the employees are informed of the arrangement before the work begins. Can an employee be required to make up a shift when they have been absent, for any reason, on a scheduled work day? Yes, but the employee must be paid regular wages and any applicable overtime for the day. If an employee was absent from work for a scheduled shift and was paid sick pay by the employer for that day, can the employee be required to make up ashift? Yes. Sick pay is not wages and sick days do not constitute hours of work.
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Can any scheduled work days be eight hours or less under a CWW? Yes. The scheduled work days under a CWW can be a combination of work days greater or less than eight hours per day. Can a CWW average more than 44 hours per week? No, unless the Employment Standards Regulation specifies more than 44 hours per week before overtime is payable for a specific industry. General holiday pay for employees working a compressed work week? Qualified employees are entitled to have a general holiday off with pay only if they are normally scheduled to work on the general (statutory) holiday. Vacations and vacation pay for employees working a compressed work week? Vacation entitlements are usually described in terms of number of weeks. However, since compressed work weeks sometimes involve a different number of days or hours on different weeks during the cycle, vacation entitlement in those cases has to be calculated based on the average weekly hours worked. Vacation pay continues to be calculated as four per cent of gross regular earnings for two weeks' vacation entitlement, and six per cent for threeweeks. Overtime pay for employees working a compressed work week? Overtime is still possible with a CWW arrangement, but it may not be scheduled as part of the CWW. Overtime is calculated both on a daily and a weekly (or cycle) basis. The greater number of overtime hours is what must be paid. Alternatively, overtime worked under the CWW arrangement could be given as time off through an overtime agreement.
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Examples of typical compressed work week arrangements
Example 1: Daily hours are increased from eight to 11 and days worked reduced from six to four. Example 2: Daily hours are increased from eight to 10 and days worked reduced from five to four.
Original six-day work schedule

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Total 8 hours 8 hours 8 hours 8 hours 8 hours 4 hours 44 hours
New four-day work schedule

Day 1 Day 2 Day 3 Day 4 Total 11 hours 11 hours 11 hours 11 hours 44 hours
Original five-day work schedule

Day 1 Day 2 Day 3 Day 4 Day 5 Total 8 hours 8 hours 8 hours 8 hours 8 hours 40 hours
New four-day work schedule

Day 1 Day 2 Day 3 Day 4 Total 10 hours 10 hours 10 hours 10 hours 40 hours
Example 3: Daily hours are increased from seven to 12 and days worked reduced from six to three in the first week and four in the second week. The average total weekly hours is 42.
Example 4: Employee works three days of 12 hours, followed by three days off. The cycle is repeated every six weeks. The average total weekly hours is 42.

New two-week work schedule

Week 1 Day 1 Day 2 Day 3 Total Day 1 Day 2 Day 3 Day 4 Total 12 hours 12 hours 12 hours 36 hours Week 2 12 hours 12 hours 12 hours 12 hours 48 hours

New three-day work; three-dayoff schedule

Week 1 1 2 3 4 5 6 7 Week 2 1 2 3 4 5 6 7 Week 3 1 2 3 4 5 6 7 Week 4 1 2 3 4 5 6 7 Week 5 1 2 3 4 5 6 7 Week 6 1 2 3 4 5 6 7
Days off are shaded
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Individual overtime agreement
1. It is agreed between: Employee name: Address: and Employer/company name: Address: that either wholly or partly the employer will provide and the employee will take, time off with pay in place of overtime pay for those hours worked in excess of in a work day or in a work week, whichever is greater, comprised of to .
(Day of the week) (Day of the week)
2. The time off with pay in place of overtime pay shall be provided, taken and paid at the regular rate of wages at a time that the employee could have worked and received wages from theemployer. 3. The time off shall be provided, taken and paid within three months of the end of the pay period in which it was earned unless:
the
agreement is part of a collective agreement which provides for a longer period of time; or the Director of Employment Standards issues a permit providing for a longer period oftime. 4. If the time off in place of overtime pay is not provided, taken and paid in accordance with paragraph 2, the employee shall be paid at the overtime rate for all the overtime hours for which time off was not provided, taken and paid. 5. Time off in place of overtime shall be treated as hours of work, and remuneration paid for time off in place of overtime pay shall be treated as wages. 6. The employer shall provide a copy of this agreement to the employee. 7. No amendment or termination of this agreement shall be effective without at least one months' notice in writing by one party to the other.
Dated Signed
For employer/company
this day
of 20
Employee
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Group overtime agreement
1. It is agreed between: The employees listed on Part A attached and Employer/company name: Address: that either wholly or partly the employer will provide and the employees will take time off with pay in place of overtime pay for those hours worked in excess of in a work day or in a work week, whichever is greater, comprised of to .
(Day of the week) (Day of the week)
2. The time off with pay in place of overtime pay shall be provided, taken and paid at the regular rate of wages at a time that the employee could have worked and received wages from theemployer. 3. The time off shall be provided, taken and paid within three months of the end of the pay period in which it was earned unless:
the
agreement is part of a collective agreement which provides for a longer period of time; or the Director of Employment Standards issues a permit providing for a longer period oftime. 4. If the time off in place of overtime pay is not provided, taken and paid in accordance with paragraph 2, the employee shall be paid at the overtime rate for all the overtime hours for which time off was not provided, taken and paid. 5. Time off in place of overtime shall be treated as hours of work, and remuneration paid for time off in place of overtime pay shall be treated as wages. 6. The employer shall provide a copy of this agreement to the employee. 7. No amendment or termination of this agreement shall be effective without at least one months' notice in writing by one party to the other. I certify that the employees who have signed Part B attached to this form represent a majority of the employees in the group described and named on Part A attached.
Dated Signed
this day
of 20
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Group overtime agreement Part A and Part B
Part A (to be completed by the employer) Description of group:
(Provide a complete description, e.g., all office employees or all shipping and receiving employees)
Following is a complete list of all employees who together form the group described above as of
Day/Month/Year
Type or print names Signature Print name Date
Part B (to be completed by participating employees) The employees whose signatures appear below wish to join the group overtime agreement attached to this form. Signature Print name Date
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Management or supervisory employee questionnaire
The Employment Standards Regulation exempts supervisory, managerial and employees employed in a confidential capacity from the Employment Standards Codes provisions relating to overtime, hours of work and keeping records of hours of work. The purpose of this questionnaire is to assist in determining whether an individual falls within the exemptions set out in the Regulation. This questionnaire is only an indicator of an employees status. The more yes answers you check, the greater the likelihood that the employee is working in a managerial or supervisory role.
Employee duties
Does the individual direct the activities of other employees? Does the individual supervise the activities of other employees? Do the individuals duties differ from other persons who are supervised? Does the individual receive payment or time off for extra time worked? Does the individual receive a rate of pay that is higher than those supervised? Does the individual have privileges over and above those of the employees he/she supervises/ manages (e.g., company car, expense account, more vacation, more work flexibility)?
Yes No
Employee authority
Does the individual have the authority to grant time off or grant leaves of absence? Does the individual make work schedules and assign work to other employees? Does the individual have the authority to authorize overtime? Does the individual have the authority to authorize wage increases for other employees? Does the individual have cheque-signing authority? Does the individual have the authority to discipline workers (such as warn, reprimand and/or suspend employees)? Does the individual have the authority to promote, demote or transfer employees? Does the individual complete performance appraisals for the employees he or she supervises? Does the individual have the authority to hire and fire? Does the individual participate in meetings where policies are made? Does the individual participate in meetings where business decisions are made? Does the individual have the authority to order supplies and pay for them without prior approval by the company? Does the individuals authority include approving maintenance orders for equipment, repairs, etc.? How do other employees perceive this individual? Manager Supervisor
Yes No
Co-Worker
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General holidays in Alberta
Under the Code, the following days are recognized as general holidays:
General holiday
New Years Day Alberta Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Remembrance Day Christmas Day
Date
January 1 3rd Monday in February Varies with religious calendar Monday immediately preceding May 25 July 1* 1st Monday in September 2nd Monday in October November 11 December 25
General holiday
New Years Day Alberta Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day
2011
Jan. 1, 2011 Feb. 21, 2011 Apr. 22, 2011 May. 23, 2011 July 1, 2011 Sep. 5, 2011 Oct. 10, 2011 Dec. 25, 2011
2012
Jan. 1, 2012 Feb. 20, 2012 Apr. 6, 2012 May 21, 2012 July 2, 2012* Sep. 3, 2012 Oct. 8, 2012 Nov. 11, 2012 Dec. 25, 2012
2013
Jan. 1, 2013 Feb. 18, 2013 Mar. 29, 2013 May 20, 2013 July 1, 2013 Sep. 2, 2013 Oct. 14, 2013 Nov. 11, 2013 Dec. 25, 2013
2014
Jan. 1, 2014 Feb. 17, 2014 Apr. 18, 2014 May 19, 2014 July 1, 2014 Sep. 1, 2014 Oct. 13, 2014 Nov. 11, 2014 Dec. 25, 2014
2015
Remembrance Day Nov. 11, 2011
General holiday
New Years Day Alberta Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day
2016
Jan. 1, 2016 Feb. 15, 2016 Mar. 25, 2016 May 23, 2016 July 1, 2016 Sep. 5, 2016 Oct. 10, 2016 Dec. 25, 2016
2017
2018
Jan. 1, 2018 Feb. 19, 2018 Mar. 30, 2018 May 21, 2018 July 2, 2018* Sep. 3, 2018 Oct. 8, 2018 Nov. 11, 2018 Dec. 25, 2018
2019
2020
Remembrance Day Nov. 11, 2016
*By federal law, when July 1st falls on any day of the week other than Sunday, it is celebrated on that day; however, when it falls on a Sunday, it is treated as if it fell on the Monday immediately following.
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Sample warning letter (on company letterhead)
Date: Employee address: Dear employee: Paragraph 1: Describe incident/situation/etc. which has led to the warning. Be clear and specific, using dates and times where possible. Avoid making assumptions about the employees conduct where possible. Stick to facts. If the employee has received prior verbal or written warnings, make note of this in this letter. Paragraph 2: Describe specifically the change(s) you want to see and your expectations of the employee. Paragraph 3: Advise the employee of a review date, to meet and discuss progress. You may wish to include a positive statement regarding your belief in the employees ability to make the changes necessary. If this is the final warning letter, advise the employee that any further incidences of the behaviour, etc., will result in termination. Sincerely,
Supervisors/managers name Title
Disciplinary warnings and termination notices should be in writing. Use your company letterhead or include the company address in the letter. Always keep copies of letters on the employees file. Stick to the facts. Be specific about the issue to be addressed. Be sure to reference previous warning letters or disciplinary action that has been taken on this matter. Be clear about next steps. Identify future disciplinary action that will be taken if the issue is not corrected. Keep it professional. Avoid allowing the letter to become personal. It is best to write when you are calm and in control of your emotions. Keep in mind that your letters may be needed in the future to support your case for termination.
Information
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Sample termination letter (on company letterhead)
Date: Employee address: Dear employee: Paragraph 1: Advise the employee that they are terminated effective date (usually the date you are giving the letter). Paragraph 2: Include a statement reflecting that the reasons for termination have been outlined in the previous warning letters. State that the employee has not corrected these issues, which has led to their termination. Paragraph 3: Request the return of any company equipment, etc. State when the employee will receive the final pay cheque (under the Employment Standards Code, the employee must be paid within 10 calendar days of their last day worked). Sincerely,
Supervisors/managers name Title
Information
Be sure to include the employers address or use company letterhead. A termination letter must be in writing and addressed to the employee concerned. Stick to the facts. Be sure to mention any discussions or written warnings the employee previously received and explain how they lead to the decision for termination. Be specific. Provide specific reasons for firing the employee, their problematic behaviour and the dates they occurred. Include a termination date. A termination letter is a legal document. You may need it if the employee sues for wrongful dismissal. Carefully consider the contents of your letter. The termination letter should include all information on final pay cheques, a severance package and when health benefits will end.
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Hazard assessment form 2 (Sample)
A hazard is any situation, condition or thing that may be dangerous to the safety or health of workers.
Reference: OHS Code Part 1.
Assessing hazards means taking a careful look at what could harm workers at the work site. The purpose of hazard assessment is to prevent work-related injury or illness to workers. Step 1: On the Hazard identification checklist, check off all the hazards or potential hazards that are present at your work site. Add any identified hazards specific to your work site to the list:
Company: Date of assessment:
Location: Completed by:
Hazard identification checklist Physical hazards

Lifting and handling loads Repetitive motion Slipping and tripping Moving parts of machinery Working at heights Pressurized systems Vehicles Fire Electricity Noise Lighting Temperature heat or cold Vibration Ionizing radiation Workplace violence Working alone Other:
Chemical hazards
Chemicals (identify types) Type: Type: Type: Type: Type Dusts Fumes (identify types) Type: Type: Type: Mists and vapours (identify types) Type: Type: Type: Other: Other:
Biological hazards
Viruses Fungi (mould) Bacteria Blood and bodily fluids Sewage Other:
Psychological hazards
Working conditions Fatigue Stress Other: Other: Other:
Note: If you work in a high hazard industry, an industry specific checklist may be required.
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Hazard Assessment and Control Sheet 2
Step 2: Take the hazards identified on the checklist above and list them on the Hazard Assessment and Control Sheet. Identify the controls that are in place: engineering, administrative, personal protective equipment (PPE) or combination for each hazard. Location: Completed by:
Company:
Date of assessment:
Hazard Engineering Administrative PPE
Controls in place (list)
Follow-up action(s) Due date/Person required responsible
2 Hazard Identification Checklist and Hazard Assessment and Control Sheet adapted from Small Business Health and Safety Tool kit, Occupational Health and Safety, Alberta Employment and Immigration (2006).
Employer tip! Whenever possible, hazards should be eliminated. If this is not possible they must be controlled. Control means reducing the hazard to levels that do not present a risk to worker health.
Information
Controls, in order of preference include:
Engineering controls:

Administrative controls:

Personal protective equipment(PPE)

Try to eliminate the hazard completely. This could mean removing trip hazards on the floor or disposing of unwanted chemicals, etc. Isolate the hazard: for example, use sound proof barriers to reduce noise levels, use an enclosed spray booth for spray painting, use remote control systems to operate machinery
Use safe work procedures Provide training and supervision for workers Ensure regular maintenance of machinery and equipment Limit exposure times by using job rotation
Includes gloves, hard hats, hearing and eye protection, safety harnesses, protective clothing, respirators, steeltoed boots Ensure that the right type of PPE is selected for the job, the PPE fits properly and is comfortable under working conditions, the workers are trained in the need for PPE, itsuse and maintenance PPE is stored in a clean and fully operational condition
Parent/guardian consent for employment of an adolescent 3

The written consent of a parent or guardian is required before an adolescent (ages 12 to 14) can be hired. The written consent of a parent or guardian is required before a young person (ages 15 to 17) can be hired and asked to work between the hours of midnight and 6 am. The consent of only one parent or guardian is required. Parents and guardians do not have to use a specific prescribed consent form, but they must give the employer written consent. An employer must retain a copy of this consent form on the employees file and a copy of the form should be retained by the parent. Note: This form is proposed as an example. It can be modified or adapted to meet your needs. No form is imposed by the Code respecting Employment Standards.
Adapted from Saskatchewan Ministry of Advanced Education, Employment and Labour, Minimum Age of Employment Tool kit: Information for Parents and Guardians of 14 and 15 year old Workers. www.lrws.gov.sk.ca/minimum-age-employment-toolkit-information-parents-guardians
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Consent for employment of an adolescent form
Section A: Youth information

Name of young person
Last First Middle initial
Mailing address
Street/PO Box number City Province Postal Code
Telephone
Home Cell
Date of birth
Month/Day/Year
Section B: Employer information

Name of business Mailing address
Telephone
Business E-mail
Section C: Written consent

I (print your name) Confirm that I am the parent and/or guardian (specify) This is my written consent for the aforementioned to be employed by
Name of employer
I certify that the information I have provided is true and correct to the best of my knowledge and belief. This consent can be withdrawn at any time without notice. Signature of parent or guardian Mailing address
Telephone
Home Cell E-mail
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Common exceptions from Employment Standards
The Employment Standards Regulation makes exceptions to the minimum standards for employees in certain industries and occupations. In addition, employees in certain industries and occupations are exempted from some of the minimum standards. The table below provides a summary of employees, professions and occupations to whom exceptions and exemptions apply. For more information, please see the Code and Regulation.
Type of salesperson, professional or worker for whomexceptionsapply
Records, hours of work and overtime

x x x x x x x x
General holidays and general holiday pay

Vacations Minimum and vacation wage pay

W
Agrologist or agrologist-in-training Ambulance attendant Architect Automotive, recreational vehicle, truck or bus salesperson Caregiver (home care and residential care) Certified general accountant or student member Certified management accountant or student member Chartered accountant or student Chiropractor Construction equipment (heavy duty or road construction) salesperson Construction worker Counsellor or instructor at an educational or recreational camp operated on a charitable/not-for-profit basis Dentist Denturist or student Domestic employee Engineer, geoscientist or member-intraining, engineering technologist Extra in a film or video production Farm machinery salesperson Farm and ranch worker Field catering employee
W W
W W W W W

x x
x x x x x x x
x
W W M W

x x x

x x x
x
W
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Geophysical exploration employee Information systems professional Insurance salesperson Irrigation district employee Land agent (licensed) Land surveying employee Lawyer or student-at-law Logging or lumbering employee Managers, supervisors and those employed in a confidential capacity Mobile/manufactured home salesperson New home salesperson Oilwell servicing employee Optometrist Open-air nursery employee Podiatrist Psychologist Realtors Salespersons for direct sellers Securities salesperson Taxi cab driver Traveling salesperson Truck driver Veterinarian indicates an exception x
W M
x x x x x x x x x x x x x x x
x
W

W W
W W
x x x x
x x x
x x
W
indicates an exemption no exception or exemption these employees are subject to a weekly rather than hourly minimum wage these employees are subject to a monthly rather than hourly minimum wage employees specified in the Regulation are also exempt from termination notice and pay provisions in the Code
exempted farm and ranch workers are specified in the Code and Regulation, and they are also exempt from provisions prohibiting or regulating the employment of individuals under 18 years of age these salespersons are subject to a weekly rather than hourly minimum wage unless they are under 16 years of age
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Glossary
Term
Adolescent Alberta Human Rights Act (AHR Act)
Definition
In the case of Employment Standards, an adolescent is a person between the ages of 12 to 14 years of age. In Alberta, the Alberta Human Rights Act (AHR Act) protects Albertans from discrimination in certain areas based on specified grounds. The AHR Act prohibits discrimination in the area of employment. Specifically it prohibits discrimination based on the protected grounds of race, colour, ancestry, place of origin, religious beliefs, gender, age, physical disability, mental disability, marital status, family status, source of income and sexual orientation. The Alberta Human Rights Commission carries out functions under the AHR Act. The Commissions purpose is to foster equality and to reduce discrimination. It fulfills this mandate through public education and community initiatives, through the resolution and settlement of complaints of discrimination, and through human rights tribunal and court hearings. For more information visit: www.albertahumanrights.ab.ca. This date is important for calculating entitlements for annual vacation and vacation pay. The anniversary date is the date that the employee started to work for the employer. The average daily wage is used for calculating how much an employee must be paid for a general holiday that was not worked. It is calculated by adding the regular wages earned during the nine weeks before the week in which the general holiday occurs, and dividing by the number of days worked in that nine-week period. Breach of duty can occur when an employee knowingly jeopardizes the interests of the employer, reveals confidential information, breaches company policies or conducts him/herself dishonestly. A collective agreement is an agreement, in writing, between an employer or an employers organization and a bargaining agent containing terms or conditions of employment. It may include one or more documents containing one or more agreements. A compressed work week is a way of scheduling hours of work that has employees working longer hours each day, but fewer days eachweek. Continuous employment refers to the continuity of service, and all of the benefits that this brings, that an employee who remains employed at a company has when ownership of the company changes hands. It is important for employment records and calculating length of service (upon termination). Any hours more than eight hours worked in each day are considered daily overtime hours.
Alberta Human Rights Commission
Anniversary date
Average daily wage (as used

for calculating general holiday pay)
Breach of duty
Collective agreement
Compressed work week (CWW) Continuous employment
Daily overtime hours
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Glossary
Daily wage Date of delivery Daily wages means the wage of an employee on a normal work day. The date of delivery refers to the date when the pregnancy of an employee terminates with the birth of a child or when the pregnancy otherwise terminates. Earnings refer to wages, overtime pay, vacation pay, general holiday pay and termination pay. An employee (worker) is someone who works for an employer. He/she is employed to do work and receives wages in exchange for his/ herefforts. An employer is a person who employs an employee. Employment Insurance (EI) provides temporary financial assistance to unemployed Canadians who have lost their job through no fault of their own, while they look for work or upgrade their skills. Canadians who are sick, pregnant, or caring for a newborn or adopted child, as well as those who must care for a family member who is seriously ill with a significant risk of death, may also be assisted by EmploymentInsurance. An employment record is the employment information required by the Code for the employer to keep up to date and any other record needed to determine whether an employee is entitled to anything under the Employment Standards Code. There are nine general (statutory) holidays in Alberta. New Years Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day.
Earnings Employee
Employer Employment Insurance (EI)
Employment record
General holidays
Group overtime agreements A group overtime agreement is between an employer and a designated group of employees. The employer and a majority of the employees in the designated group must sign the agreement. The agreement can be cancelled or changed by either party by giving one months' notice to the other. Hazard Hazard assessment A hazard is any situation, condition or thing that may be dangerous to the safety or health of an employee. A process used to identify the health and safety hazards and evaluate the risk associated with job tasks. Covered under OHS but necessary when employing adolescents. Hours of work refer to the period of time during which an employee works for an employer, and time off with pay instead of overtime pay provided by an employer and taken by the employee. An individual overtime agreement is between one employee and an employer. Either the employee or the employer can cancel or change the agreement by giving the other party one months' notice in writing.
Hours of work
Individual overtime agreements
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Glossary
Irregular schedules Irregular schedules are a type of work schedule that occur when employees work a different number of hours each day (i.e. hours scheduled on any given day depend on work available), or when employees work an irregular pattern of days in a week (i.e. employee is scheduled to work only on days when work is available). Irregular schedules can make determining eligibility for general holidays complicated. For help, see the 5 of 9 rule. An employer can terminate an employee, without notice, for just cause. Termination for just cause typically involves conduct that is serious enough to justify the employer ending the employmentrelationship. Length of service refers to the amount of time that an employee has worked for an employer. It can include more than one period of employment if the breaks between periods are not longer than threemonths. The guideline for Employment Standards is that a Manager directs and supervises the activities of other employees and has duties and a level of authority that differ from those individuals. Maternity leave is for birth mothers only. It is up to 15 consecutive weeks in duration. It is intended to help mothers recover from the physical strain of childbirth. The minimum wage is the rate of pay that employers must pay employees in the province of Alberta. This wage is established under the Employment Standards Code. The OHS Act describes obligations and duties that serve to protect and promote the occupational health and safety of workers throughout Alberta. It describes the rights and responsibilities of employers, workers, and others connected with the work site. www.humanservices.alberta.ca/working-in-alberta/295.html An overtime agreement is an agreement between an employer and employees that explains how overtime and overtime pay will be dealtwith. Mothers, fathers and/or adoptive parents are eligible for up to 37 consecutive weeks of unpaid, job protected parental leave. This leave can be taken by one parent or shared between two parents, but the total combined parental leave cannot exceed 37 weeks. A pay-period can be daily, weekly, bi-weekly, bi-monthly or monthly. It cannot be longer than one month. An employee must be paid all wages, overtime and general holiday pay earned in a pay period within 10 consecutive days after the end of the pay period.
Just cause
Length of service
Manager
Maternity leave
Minimum wage
Occupational Health and Safety Act (OHS Act)
Overtime agreement
Parental leave
Pay period
93
Glossary
Record of employment (ROE) A Record of Employment (ROE) is a form (either paper or electronic) that employers complete for employees receiving insurable earnings who stop working and experience an interruption of earnings. It is the single most important document in the Employment Insurance (EI) program and employees require a ROE before they can apply for and receive Employment Insurance benefits. For more information on ROEs and Employment Insurance visit: www.servicecanada.gc.ca/eng/ei/ employers/roe_web.shtml#importance. A regular schedule is a type of work schedule where employees work different hours on different days of the week, but in a pre-determined and repetitive pattern. Calculating general holiday pay for an employee with a regular schedule is easy. In this case, general holiday pay should be paid for the number of hours normally worked by the employee on the day of the week on which the holiday fell. Eligible employees who are reservists are entitled to an unpaid, job protected leave of absence when deployed to an international operation or domestic emergency. Refers to the hour period of time that an employer must give to each employee during a shift that is longer than five consecutivehours. A type of work schedule that is divided into two or more periods of time, such as morning and evening, with a break of several hours betweenthem. A statement of earnings is a written statement detailing the hours of work and rate of pay, that the Code requires employers to provide employees at the end of each payperiod. A temporary layoff occurs when an employee is temporarily laid off from a position, but will be returning to that position. In Alberta, the maximum duration of a temporary layoff is 59 days. Notification provided by either the employer or the employer to signify the end of an employment relationship. Termination pay is a payment that an employer can give an employee in lieu of the amount that the employee would have earned had the employee worked out the required termination notice period. This is a rule used in determining an employees eligibility for general holiday pay. If at least five of the nine weeks preceding the work week in which the holiday occurs, the employee worked on the same day of the week as the day on which the holiday falls, the general holiday is considered a normal working day. This is a rule used to calculate overtime. Overtime is all hours workedin excess of eight hours a day, or 44 hours a week, whichever isgreater. A wage rate refers to the hourly rate of pay for wages.
Regular schedule
Reservist leave
Rest periods Split shift
Temporary layoff
Termination notice Termination pay
The 5 of 9 rule
The 8 and 44 rule Wage rate
94
Glossary
Wages Wages can include: salary, pay, money paid for time off instead of overtime pay, commission or remuneration for work. It does not include: overtime pay, vacation pay, general holiday pay and termination pay; payments 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; expenses or an allowance provided instead of expenses; or tips or other gratuities. Weekly overtime hours are any hours more than 44 hours worked in aweek. Includes providing a service. The work day is a 24-hour period ending at midnight or another 24-hour period as established by the consistent practice of an employer (e.g. 8 pm to 8 pm). A work month is 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 anemployer. A work week is the period between midnight on a Saturday and midnight on the following Saturday, or seven consecutive days as established by the consistent practice of an employer. A year of employment is a period of 12 consecutive months. In the case of Employment Standards, a young person is an employee between the ages of 15 and 17 years of age.
Weekly overtime hours Work Work day
Work month
Work week
Year of employment Young person
95
March 2013

Employment Standards Toolkit

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Employment Standards Toolkit

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Employment Standards

Tool Kit for Employers

Other legislation that may apply to you includes:

Section 1: Employment Standards Overview

Section 1: Employment Standards Overview

Who is covered by the Code ?

Section 1: Employment Standards Overview

Section 1: Employment Standards Overview

Employment Standards office locations

Section 2: Employment Records & Statement of Earnings

Payment of earnings upon termination

Wages and earnings

Deductions from earnings

Section 2: Employment Records & Statement of Earnings

The following records must be kept for each employee:

Employment records checklist

Section 2: Employment Records & Statement of Earnings

Statement of earnings checklist

Taking time-off provided by the employer (instead of overtime pay)

Section 2: Employment Records & Statement of Earnings

Calendar of regular pay period & regular pay day

Payment of earnings upon termination

Section 2: Employment Records & Statement of Earnings

three days 10 days

Wages and earnings

Section 2: Employment Records & Statement of Earnings

Childcare costs Personal savings plans Medical and/or dental premiums

Section 3: Hours of Work and Rest

Hours of work in a day

Defining hours of work

Compressed work week Permits for extended hours of work

Permits for extended days of work

Section 3: Hours of Work and Rest

Hours of work in a day

Section 3: Hours of Work and Rest

Section 3: Hours of Work and Rest

Section 3: Hours of Work and Rest

Compressed work week

A compressed work week must meet the following conditions:

Section 3: Hours of Work and Rest

Rationale for permit approval of extended hours

Permits for extended days of work

Section 4: Overtime and Overtime Pay

Overtime 22 Calculating overtime pay

Industries with different overtime rules Overtime agreements

Permits to extend overtime banking period

Section 4: Overtime and Overtime Pay

Calculating overtime pay

Section 4: Overtime and Overtime Pay

Section 4: Overtime and Overtime Pay

Section 4: Overtime and Overtime Pay

Weekly hours before O/T calculated

Monthly hours before O/T calculated

54 191 191 191 50 191 44 48 191 60

Section 4: Overtime and Overtime Pay

Section 4: Overtime and Overtime Pay

Section 5: General Holidays & General Holiday Pay

General holidays Employee eligibility What to pay

Section 5: General Holidays & General Holiday Pay

Section 5: General Holidays & General Holiday Pay