Document Sample
Use the following website to answer these questions: (Copies of relevant pages attached)

1. What are Alberta Employment Standards?

2. What is Alberta’s current minimum wage? To whom does it apply?

3. When must employees be paid?

4. What deductions may legally be made from a person’s earnings, without written

5. What is Alberta’s current minimum wage?

6. The maximum workday is _____________ hours long.

7. Tell how long a rest period must be provided for a shift over 5 hours.
8. An employer must allow employees at least ______________ day(s) of rest a week.

9. After 12 consecutive months of work, an employee is entitled to ____________ weeks
   vacation time with pay.

10. Overtime must be paid for all hours over _____________ in a day or ____________ in
    a week. Overtime rate is ______________________.

11. List 9 general holidays
    _____________ _________________ _______________
    _____________ _________________ _______________
    _____________ _________________ _______________

12. Employees that work more than 3 monthes but less than 2 years must give the
    employer a written termination of notice _____ week(s) prior to their leave

13.Employees that work more than 2 years or more must give a written termination of
   notice of ____ week(s) prior to their leave

14. What is the employment standard office website?

Career Services Online, Calgary Board of Education, 2005
                                Employment Standards Code

          RIGHTS AND OBLIGATIONS of Employers and Employees

Alberta’s Employment Standards Code                        a) by giving a termination notice — pay is
sets out the minimum standards that                        due not later than 3 days after the last
apply to employees and employers under                     day of work;
provincial jurisdiction. The Employment                    b) and no termination notice is required to
Standards Code is administered by Alberta                  be given — pay is due not later than 10
Human Resources and Employment,                            days after the last day of work;
Employment Standards.                                      c) and failed to give the required
                                                           termination notice - pay is due not later
Minimum Wages                                              than 10 days after the date on which the
                                                           notice would have expired had it been
• The general minimum wage is $5.90 per                    given.
• For certain salespersons the minimum                     Employment Records, Statementof
wage is $236.00 per week.                                  Earnings and Deductions
• School bus drivers, an adolescent (12,
13 or 14 years old) employed on a day                      An employer must record the hours of
when required to attend school and part-                   work of employees daily. Additional
time employees in certain non-profit                       records that must be maintained include:
recreation or athletic programs are                        wage and overtime rates; wage and
entitled to not less than 2 hours pay at                   overtime pay; vacation and general
the minimum wage if they are employed                      holiday payments; and deductions from
for less than 2 hours. All other employees                 employee earnings. An employer may
are entitled to not less than 3 hours at the               deduct from an employee’s earnings,
minimum wage if they are employed for                      amounts permitted by an Act, regulation,
less than 3 hours and they are available to                judgments, order of a court or amounts
work for the full 3 hours.                                 personally authorized in writing by an
• A deduction for a meal or lodging cannot                 employee. No deduction can be made
reduce the minimum wage by more than                       from an employee’s earnings for (i) faulty
the following amounts:$1.95 per meal                       workmanship, or (ii) cash shortages or
consumed and $2.60 per day of lodging.                     loss of property if anyone other than the
                                                           employee had access to the cash or
Payment of Earnings                                        property.

Employees must be paid not later than 10                   Hours of Work and Rest
days after the end of each pay period.
                                                           Hours of work must be confined within a
When employment ends:                                      period of 12 consecutive hours in any one
1. If the employer terminates an                           day. An exception to this requirement
employee’s employment:                                     exists for employees in the geophysical
a) with notice and/or payment in lieu —                    exploration and oil well servicing
pay is due not later than 3 days after the                 industries. An employer must provide at
last day of work;                                          least one day of rest in each week. Rest
b) and no termination notice is required to                days may be accumulated for up to 4
be given — pay is due not later than 10                    weeks and given as consecutive days off
days after the last day of work.                           within this 4 week period. Employees
2. If the employee terminates their own                    must receive an 1/2 hour rest period, paid
employment:                                                or unpaid, during each shift in excess of 5
                                                           consecutive hours of work. Some
                                                           exceptions apply.

Career Services Online, Calgary Board of Education, 2005
                                                           In Alberta the following are general
                                                           holidays: New Year’s Day; Alberta Family
                                                           Day; Good Friday; Victoria Day; Canada
Overtime and Overtime Pay                                  Day; Labour Day; Thanksgiving Day;
                                                           Remembrance Day; Christmas Day; and
In each week, hours worked in excess of 8                  any other day designated by the
per day must be totalled and the number                    employer.
of hours worked in excess of 44 must be
calculated. The greater of the two                         Employees who have worked for an
numbers are the number of hours to be                      employer 30 days in the 12-month period
paid at the overtime rate. An employer                     before the holiday are entitled to general
must pay an employee overtime pay of at                    holidays and general holiday pay. If an
least 1.5 times the employee’s wage rate                   employee works an irregular schedule and
for overtime hours.                                        there is doubt about whether a general
Note: Some exceptions apply. Refer to the                  holiday falls on a day that would normally
Employment Standards Regulation.                           have been a workday, review the 9 week
                                                           period preceding the work week in which
Overtime Agreements                                        the general holiday occurs. If the
Employees and employers may enter into                     employee worked on the same day of the
a written overtime agreement. With an                      week as the day on which the general
agreement, instead of overtime pay,                        holiday falls in at least 5 of the 9 weeks,
employees receive time off with regular                    the general holiday is to be considered a
pay equal to the number of overtime                        day that would normally have been a work
hours worked.                                              day for the employee. When the holiday
                                                           falls on a regular workday and the
Vacations and Vacation Pay                                 employee is not required to work, the
                                                           employee will receive a regular day’s pay.
Employees are entitled to a minimum of 2                   If employees are required to work on the
weeks’ vacation with pay after 1 year of                   holiday and the holiday is a normal day of
employment and 3 weeks’ vacation with                      work, they must receive 1.5 times their
pay after 5 years of employment with an                    regular rate of wages for each hour
employer. Monthly paid employees are                       worked in addition to receiving a regular
entitled to vacation pay based on their                    day’s pay.
current salary.
                                                           Alternatively, they may be paid their
Employees paid other than by the month                     regular rate for each hour worked on the
are entitled to 4% of their regular wages                  holiday and receive another regular
for vacation pay. After 5 years this                       working day off with pay. If an employee
increases to 6%. Employees employed                        is on a regular day off and is required to
less than 1 year receive 4% of the ir                      work on the holiday, the employee will
regular wages for vacation pay on                          receive 1.5 times the regular rate of pay
termination of employment. Vacation pay                    for all hours worked. If a general holiday
may be paid at any time, but not later                     falls during an employee’s annual
than the next scheduled payday after the                   vacation, the employer must extend the
employee starts vacation. On written                       employee’s vacation by one day with pay.
request of any employee, the employer                      Alternatively, by agreement, the employer
may grant an employee’s annual vacation                    must provide an additional day off with
in periods of not less than 1 day. The                     pay before the employee’s next annual
employer has final say over the time when                  vacation. Employees employed in the
the annual vacation is to be taken.                        construction industry or brush clearing are
Employees employed in the construction                     entitled to 3.6% of their regular wages as
industry or brush clearing are entitled to                 general holiday pay.
6% of their regular wages as vacation.
                                                           Termination of Employment
General Holidays and General Holiday

Career Services Online, Calgary Board of Education, 2005
Employees wishing to terminate their                       • Birth mothers can take up to 52 weeks
employment must give the employer a                        of unpaid, job-protected leave from
written termination notice of at least:                    employment, made up of 15 weeks of
• 1 week, if employed more than 3                          maternity leave and 37 weeks of parental
months but less than 2 years                               leave.
• 2 weeks, if employed 2 years or more.                    • Fathers and adoptive parents are eligible
                                                           for 37 weeks of unpaid, job-protected
Employers wishing to terminate the                         parental leave. Adoptive parents can take
employment of an employee must give                        parental leave when they adopt a child
the employee written termination notice of                 under the age of 18. If both parents are
at least:                                                  employees, the 37 weeks of parental
• 1 week, if employed more than 3                          leave may be taken entirely by one of the
months but lessthan 2 years                                parents, or can be shared between the
• 2 weeks, if employed 2 years but less                    mother and father. If the leave is to be
than 4 years                                               shared, the employer must be notified.
• 4 weeks, if employed for 4 years but
less than 6 years                                          Notice Requirements
• 5 weeks, if employed 6 years but less
than 8 years                                               • Employees must give their employers at
• 6 weeks, if employed 8 years but less                    least six weeks’ written notice to start
than 10 years                                              maternity or parental leave.
• 8 weeks, if employed over 10 years,                      • Employees must provide at least 4
or                                                         weeks’ written notice to return to work or
the wages the employee would have                          to change the date they will be returning
earned for the applicable period of notice,                to work. This notice must be provided at
or                                                         least four weeks before the end of the
a combination of written termination                       leave to which employees are entitled.
notice and the wages the employee would                    • If an employee fails to provide the
have earned for the applicable period of                   required notice or fails to report to work
notice.                                                    the day after the leave ends, the employer
Some exceptions apply.                                     does not have to reinstate the employee
                                                           unless the failure to notify the employer is
Maternity and Parental Leave                               due to unforeseen or unpreventable
Effective February 7, 2001                                 circumstances.

Alberta has extended employment leave                      Employment of Adolescents andYoung
for parents. A new regulation under the                    Persons
Employment Standards Code provides
mothers, fathers and adoptive parents                      Adolescents are persons 12 years but
with parental leave. In addition, birth                    under 15 years of age. They may be
mothers are eligible for maternity leave.                  employed to:
These leaves are available to parents of                   • make deliveries for a retail store,
children born or adopted on, or after                      • deliver newspapers or flyers; or
December 31, 2000. Eligibility                             • be a clerk in an office or retail store, if
Requirements Employees must have 52                        the employment is not injurious to the
weeks of continuous employment with                        adolescent’s life, health, education or
their employer to be eligible for maternity                welfare.
or parental leave. This applies both to full
and part-time employment. Employment                       Other similar type of work may be
is permitted in such premises between                      approved by Alberta Human Resources
9:00 pm and midnight if the employee                       and Employment, Director of Employment
works with and is in the                                   Standards. The parent or guardian of an
continuous presence of at least one other                  adolescent must agree to the employment
individual 18 years old or older.                          and provide written consent to the
                                                           employer. Adolescents can only work 2
Length of Leave                                            hours on a school day and a maximum of
                                                           8 hours on a non-school day. They cannot

Career Services Online, Calgary Board of Education, 2005
work between the hours of 9:00 pm and
6:00 am. Young persons are persons 15
years but under 18 years of age.
                                                           Employment Standards Office Locations
                                                           To be connected toll-free to the province-wide
They cannot be employed between the
                                                           information line, call 310 - 0000 and dial
hours of midnight and 6:00 am at, or in
                                                           (780) 427 - 3731.
connection with:
• any retail store selling food or beverages
                                                           Employment Standards Website:
or any other merchandise,
• a retail business selling gasoline or other
petroleum products, or
                                                           Deaf or hearing impaired with TDD/TDY units,
• a motel, hotel, inn, etc.
                                                           call 427-9999 in Edmonton. Other locations
                                                           call 1-800-232-7215. October 2001
Note: This poster is designed to highlight
key provisions of the Employment
Standards Code and Regulation. If you
have further questions or require more
                                                           Source: Calaway Park Summer Internship
information, please refer directly to the
legislation or contact any of the
Employment Standards offices listed

                  Main Flr, 717 - 7 Ave. SW                  Grande Prairie T8V 6J4
                  Calgary T2P 0Z3                            Fax: (780)538-5462
                  Fax: (403) 297-5843                        Rm 360, 200 - 5 Ave.

                  Main Flr, 9940 - 106 St.                   Lethbridge T1J 4C7
                  Edmonton T5K 2N2                           Fax: (403) 382-4426
                  Fax: (780) 422-4349                        1st Flr, 346 - 3 St. SE
                  Box 6780, 4904 - 4 Ave.
                                                             Medicine Hat T1A 0G7
                  Edson T7E 1V2                              Fax: (403) 529-3632
                  Fax: (780) 723-8200                        Main Fl, 9621 - 96 Ave.
                  7th Flr, 9915 Franklin Ave.
                                                             Peace River T8S 1T4
                  Fort McMurray T9H 2K4                      Fax: (403) 624-6552
                  Fax: (780) 743-7226                        2nd Flr, 4920 - 51 St.
                  Rm 3101, 10320 - 99 St.

Career Services Online, Calgary Board of Education, 2005
Career Services Online, Calgary Board of Education, 2005

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