Alberta Employment Laws (2025 Guide)

What’s New in 2025

• Updated violence and harassment prevention requirements (March 31, 2025)

Overview of Employment Law in Alberta

Federal vs. provincial jurisdiction

Most workplaces in Alberta are governed by provincial law, but certain industries fall under federal jurisdiction. It’s important to distinguish which rules apply, as federal employees follow the Canada Labour Code rather than Alberta’s Employment Standards Code. 

Federally regulated industries operate across provincial or national boundaries or are of national interest. They include: 

• Banking.
• Interprovincial or international transport.
• Telecommunications.
• Postal services.
• Uranium mining and processing. 

However, only 6% of Canada’s employees are subject to federal standards under the Canada Labour Code. The rest are under provincial jurisdiction. 

Unless otherwise noted, all information in this guide applies only to provincially regulated employees in Alberta. 

Key employment legislation

In Alberta, the Employment Standards Code and related laws regulate employment. This law governs most provincially regulated workplaces, covering full‑time, part‑time, casual, and temporary employees. 

It doesn’t apply to federally regulated workers, such as those in banking, telecommunications, and interprovincial transportation, nor does it cover independent contractors or certain exempt roles like farm workers, managers, and specific professionals such as lawyers and doctors, who are subject to separate rules.

Wages and Pay Rules

Minimum wage

Alberta’s general minimum wage is $15/hour for most employees. There’s a separate minimum wage for students in Alberta, but it applies only under specific conditions. 

Students who are under 18, enrolled in school, and working 28 hours per week or less during the school year can be paid a reduced minimum wage of $13/hour. Once these students work more than 28 hours in a week, or when they work during school breaks such as summer vacation, the regular $15/hour minimum wage applies to all additional hours. 

Unlike some provinces, Alberta doesn’t have a separate, lower minimum wage rate for liquor servers, so the same rate applies across nearly all job types. 

Employees who earn income through commission, incentive pay, or a piece‑rate system must still make at least the minimum wage for all hours worked once their earnings are averaged over the pay period. Salespersons must earn a minimum of $598 a week, and domestic employees who live in their employer’s home must earn at least $2,848 a month. 

Overtime pay

In Alberta, overtime pay becomes mandatory when an employee works more than 8 hours in a day or more than 44 hours in a week, whichever threshold results in more total overtime. Any hours worked beyond these limits must be compensated at 1.5 times the employee’s regular wage rate. 

Employees and employers can agree to “bank” overtime hours instead of being paid the 1.5 times premium immediately. Under a written agreement, each overtime hour worked can be banked as 1.5 hours of paid time off, meaning the banked time reflects the overtime rate rather than the actual hours worked.

Employees must be allowed to take their banked time off at a mutually agreed date or, if no agreement can be reached, at a time chosen by the employer with reasonable notice. If the employment relationship ends before the time off is taken, the employer must pay out any unused banked hours at the applicable overtime rate based on the employee’s wage at the time of payout. 

Banked hours must also be used within 6 months of the pay period in which they were earned unless the employee agrees in writing to extend this period.

Certain employees are exempt from overtime pay, including:

• Managers and supervisors.
• Professionals such as engineers and accountants.
• Those in specific industries, such as farming, ranching, and some forms of construction and trucking.

Statutory holiday pay

Alberta recognizes 9 statutory holidays under the Employment Standards Code. These are: 

• New Year’s Day.
• Alberta Family Day.
• Good Friday.
• Victoria Day.
• Canada Day.
• Labour Day.
• Thanksgiving Day.
• Remembrance Day.
• Christmas Day.

These are the only days that automatically qualify for statutory holiday pay. Other holidays, such as Easter Monday or Boxing Day, are considered optional unless an employer provides them under a contract or policy.

Employees are eligible for statutory holiday pay if they have worked for the same employer for at least 30 days in the 12 months before the holiday. They must also work their last scheduled shift before the holiday and their first scheduled shift after it unless they have the employer’s consent for the absence. Employees who fail to meet these requirements aren’t entitled to paid holiday benefits, though they can’t be penalised for the absence itself.

Statutory holiday pay is calculated as the employee’s average daily wage. For most employees, this is based on the average of their total wages (excluding overtime) over the 4 weeks immediately preceding the holiday, divided by the number of days worked in that period. 

If an employee works on a statutory holiday, they’re entitled to either their average daily wage plus 1.5 times their regular hourly rate for all hours worked on the holiday, or their regular pay for the hours worked plus a substitute day off with pay, as agreed with the employer.

Pay frequency and deductions

In Alberta, employers must pay employees on a regular schedule that is at least monthly, meaning wages must be paid no less often than once per month. Most employers choose a bi-weekly or semi‑monthly pay cycle, though weekly and daily payments are also allowed. Employers are required to provide a clear, written pay statement each pay period, showing hours worked, wage rates, deductions, and net pay.

Only specific deductions from wages are permitted under the Employment Standards Code. Deductions required by law, such as income tax, Canada Pension Plan, and Employment Insurance, are always allowed. 

Other deductions, such as those for benefits, uniforms, or repayment of loans, can only be made with the employee’s written consent. Employers can’t deduct for cash shortages, breakage, or damage unless it can be clearly proven that the employee’s actions were deliberate or the employee has provided written authorisation.

Working Hours and Rest Breaks

Standard work hours

In Alberta, the standard work limits before overtime applies are 8 hours in a day and 44 hours in a week, whichever threshold is greater. Any time worked beyond these limits must either be paid at the overtime rate or managed through a valid overtime arrangement. These limits apply to most provincially regulated employees, with certain industries and roles having separate rules or exemptions.

Employers and employees can agree to written overtime averaging arrangements, which spread work hours over a period of up to 12 weeks, but these agreements must meet strict rules set out in the Employment Standards Code and can’t result in pay below what the employee would have earned without the averaging. 

Meal and rest breaks

In Alberta, employees are entitled to an unpaid break of at least 30 minutes after every 5 consecutive hours of work. This break can be provided as a single 30‑minute period or divided into two 15‑minute segments if both the employer and employee agree. 

The break doesn’t have to be paid unless the employee is required to remain on duty, at the worksite, or otherwise perform work during the break period. If the employee must stay on site or be available to work, the time is considered paid.

If a shift is 10 hours or longer, the employee must receive two 30-minute breaks.

Split shifts and on-call time

In Alberta, employers may schedule split shifts, meaning an employee works multiple separate periods in the same day. If there is more than a 1-hour break between segments, the employer must treat each segment as a separate reporting period for pay purposes. This triggers Alberta’s 3-hour minimum pay rule.

Under the Employment Standards Code, whenever an employee is required to report to work—whether for a scheduled shift or on short notice—they must be paid for at least 3 hours at the minimum wage, even if they work fewer hours. This rule applies when an employee is sent home early, asked to come in for a brief task, or works a short segment as part of a split shift. The only exception is when the employee voluntarily chooses to leave early or refuses work; in those cases, the 3-hour minimum may not apply.

In practice, if an employee works a split shift with a long unpaid break in between, and each segment is less than 3 hours, the employer must still pay 3 hours for each segment, unless the employee works more than 3 hours during that segment or the employee requested the arrangement.

For on-call or standby time, Alberta law doesn’t require compensation unless the employee is actively working or significantly restricted. If the employee must remain at the workplace or be ready to work at a moment’s notice with limited personal freedom, the time is considered work and must be paid. However, if the employee is merely reachable and free to use their time as they wish, the standby period is generally not compensable.

Leave Entitlements

Vacation leave

In Alberta, employees are entitled to annual vacation leave based on their length of continuous service with the same employer. After completing 1 year of employment, an employee is entitled to 2 weeks of vacation per year, increasing to 3 weeks after 5 consecutive years of employment. 

Vacation pay is calculated as a percentage of an employee’s gross wages earned in the year they are accruing vacation. 

• Employees with less than 5 years of service must receive at least 4% of their gross earnings as vacation pay. 
• Employees with 5 years or more are entitled to at least 6%. 

Vacation pay must be paid either before the employee takes their vacation or on the regular pay schedule, depending on the employer’s policy.

Employers have the right to decide when vacation is taken, as long as the employee receives their full entitlement within 12 months of the date it’s earned. Employers must provide at least 2 weeks’ written notice of the scheduled vacation dates. 

Employees may also request vacation dates, but final approval rests with the employer to ensure business continuity. However, employers can’t prevent an employee from taking their full vacation entitlement within the required timeframe.

Sick leave and personal emergency leave

In Alberta, sick leave—referred to as personal and family responsibility leave under the Employment Standards Code—is a job-protected but unpaid leave. Employees are entitled to up to 5 days per calendar year to deal with personal illness or injury, or to care for a family member. This leave can also be used for other urgent personal matters, such as a childcare emergency or a family crisis.

The 5-day entitlement doesn’t accrue over time and resets each calendar year. Employees become eligible for this leave after 90 days of continuous employment with the same employer. Employers aren’t required to pay wages during the leave unless they offer paid sick time as part of a company policy or collective agreement. 

Employers may request reasonable documentation to verify that the leave is for an eligible reason.

Parental and maternity leave

In Alberta, employees are entitled to unpaid, job-protected leave for maternity, parental, and adoption purposes under the Employment Standards Code. These leaves ensure that employees can take time away from work to care for a new child without risking the loss of their job.

Maternity leave is available to pregnant employees and provides up to 16 consecutive weeks of unpaid leave. It can begin at any time within the 13 weeks before the estimated due date, but must start no later than the date of birth. Employees must give their employer at least 6 weeks’ written notice before starting the leave, along with a medical certificate if requested.

Parental leave provides up to 62 weeks of unpaid leave for either parent, including adoptive parents. Birth mothers who have taken maternity leave are eligible for 62 weeks of parental leave in addition to the 16 weeks of maternity leave, for a total potential leave of 78 weeks. Parental leave must begin within 78 weeks after the child’s birth or placement for adoption. 

If both parents work for the same employer, they may share the 62 weeks of parental leave, but each must submit their own notice.

To qualify for these leaves, an employee must have been employed with the same employer for at least 90 days. During the leave period, the employee’s job is protected, meaning they must be reinstated to the same position or a comparable one with the same earnings and benefits when they return to work.

While these leaves are unpaid, most employees are eligible to receive federal Employment Insurance (EI) benefits through Service Canada. 

EI maternity benefits provide up to 15 weeks of income replacement, and parental benefits may be claimed under either a standard option (up to 40 weeks shared, with a maximum of 35 weeks for one parent) or an extended option (up to 69 weeks shared, with a maximum of 61 weeks for one parent). 

These benefits are subject to EI eligibility rules, including insurable hours worked and prior earnings.

Bereavement leave

In Alberta, employees are entitled to unpaid bereavement leave under the Employment Standards Code. This leave allows eligible employees to take time off following the death of a close family member.

Employees who have worked for the same employer for at least 90 days are entitled to up to 3 days of unpaid leave per calendar year due to the death of an immediate family member. This includes: 

• A spouse.
• Common-law partner.
• Child.
• Parent.
• Sibling.
• Grandparent.
• Grandchild.
• Unborn child.
• A corresponding in-law or step-relative. 

It also covers guardians and individuals for whom the employee is a guardian.

The 3-day entitlement doesn’t need to be taken all at once. However, all days must be used within a reasonable timeframe related to the death, and they don’t carry over into future years.

Employers may request reasonable verification of the need for bereavement leave, but the leave itself is job-protected, and employers can’t penalise employees for using it.

Domestic violence or compassionate care leave

Alberta provides job-protected leave for both domestic violence situations and compassionate care of gravely ill family members under the Employment Standards Code.

Domestic violence leave is available to employees who have worked for the same employer for at least 90 days. It provides up to 10 days of unpaid leave per calendar year for employees dealing with domestic violence or other forms of interpersonal violence. 

This includes situations involving physical, emotional, or sexual abuse by a current or former partner, family member, or someone living with the employee. The 10 days don’t need to be taken all at once and can be used intermittently as needed. 

Employers may request reasonable proof that the leave is necessary, but they must handle such information confidentially.

Compassionate care leave allows eligible employees to take time off to care for a seriously ill family member who is at significant risk of death within 26 weeks. 

Employees are entitled to up to 27 weeks of unpaid leave within a 52-week period. This leave is also available after 90 days of continuous employment and may be taken all at once or in multiple segments of at least one week. 

Eligible family members include spouses, children, parents, siblings, grandparents, and other close relatives, including those related by marriage or adoption.

Employees may be required to provide a medical certificate stating the family member has a serious medical condition and a significant risk of death within 26 weeks. While the leave is unpaid, employees may apply for federal Employment Insurance (EI) compassionate care benefits, which provide partial income replacement during the leave period.

Jury duty and civic leave

In Alberta, employees are entitled to job-protected leave for jury duty. Under provincial law, employers must allow employees to be absent from work for the duration of their jury duty. While the employee is serving, any juror stipend paid by the court must be turned over to the employer if the employee continues receiving their regular wages. This ensures the employee isn’t being compensated twice for the same period. However, employees can keep any stipends paid for travel or food. 

Employees must provide reasonable notice once they receive a jury summons and may be required to show documentation confirming their obligation. Throughout the leave, the employee’s job is protected. Employers can’t fire, discipline, or otherwise penalise someone for serving on a jury, and the employee must be reinstated to their same job or a comparable one once the service is complete.

Other types of leave

Types of Employment

Full-time, part-time, and casual

In Alberta, employment types are generally categorized as full-time, part-time, or casual, though these terms aren’t formally defined in the Employment Standards Code. Instead, entitlements are determined by actual hours worked and length of service, not job title or classification. 

Full-time employees typically work 30 to 40 hours per week on a regular schedule. Part-time employees work fewer than full-time hours, often less than 30 hours per week. Casual employees typically work irregular or on-call schedules, often with no guaranteed hours. 

All employees are covered by the Employment Standards Code and are entitled to minimum wage, vacation pay at 4% (or 6% after 5 years), and job-protected leaves once eligible. 

Temporary and seasonal work

In Alberta, temporary and seasonal workers are fully covered by the Employment Standards Code, unless a specific exemption applies. These non-permanent roles are often limited to a set period or tied to a particular season or project, but employers must still meet all minimum standards regarding wages, hours, vacation pay, and leaves. 

However, since they may not work long enough to earn full vacation leave, employers typically compensate for vacation leave by providing 4% (or 6% after 5 years) of wages on each paycheck. Temporary employees are also eligible for job-protected leaves once they meet applicable thresholds, such as 90 days of continuous employment.

Seasonal workers—often employed in agriculture, tourism, or construction—are also covered by the Code, though certain categories (like farm workers) may be exempt from specific provisions such as hours of work or overtime. 

Independent contractors and misclassification

In Alberta, distinguishing between an employee and an independent contractor is critical for determining whether employment standards apply. Employees are protected by the Employment Standards Code, while independent contractors aren’t. However, simply labeling someone a contractor doesn’t make it so—what matters is the true nature of the working relationship.

To determine status, Alberta uses a multi-factor common law test, which considers several key indicators:

• Control: Does the employer direct how, when, and where the work is done?
• Ownership of tools: Does the worker use their own equipment or rely on the employer’s?
• Chance of profit and risk of loss: Can the worker increase earnings through efficiency or take a financial loss?
• Integration: Is the worker part of the employer’s core business or operating independently?
• Intent: Do both parties understand and document the relationship as contractor or employee?

No single factor is decisive, and courts or regulators consider the full context.

Misclassifying an employee as an independent contractor—whether intentionally or by mistake—can lead to significant legal and financial consequences for the employer.

Termination and Final Pay

Notice requirements

In Alberta, the required notice period an employer must give when terminating an employee without cause depends on how long the employee has worked for them. The longer the service, the more notice is required:

• < 3 months: No notice required.
• 3 months to < 2 years: 1 week’s notice.
• 2 years to < 4 years: 2 weeks.
• 4 years to < 6 years: 4 weeks.
• 6 years to < 8 years: 5 weeks.
• 8 years to < 10 years: 6 weeks.
• 10+ years: 8 weeks.

Employers can provide pay in lieu of notice, meaning they don’t have to give working notice as long as they pay the equivalent wages the employee would have earned during the notice period.

If an employee is terminated with just cause (e.g., serious misconduct, repeated violations), no notice or pay in lieu is required. However, “cause” has a high legal threshold, and employers who get this wrong risk wrongful dismissal claims.

Severance pay

In Alberta, severance pay isn’t required by the Employment Code, but it may be required under common law. 

Final pay deadlines

When employment ends, final wages must be paid promptly. Termination pay must be provided within 10 days of the end of the last pay period, or 31 days after the last day of employment. The final payment must include all outstanding regular wages, overtime, vacation pay, and any banked time owed, along with a full statement of earnings.

Workplace Health and Safety

Employer duties

In Alberta, employers have clear legal obligations under the Occupational Health and Safety Act, Regulation, and Code to ensure a safe and healthy workplace. These duties apply to all provincially regulated employers and are enforceable by Occupational Health and Safety (OHS) officers.

Employers must take all reasonable steps to protect the health and safety of workers at the worksite. This includes identifying hazards, assessing risks, and implementing effective controls to eliminate or reduce those hazards. Employers are required to develop safe work procedures and ensure they’re followed.

Employers must provide appropriate training and supervision so that workers can perform their jobs safely. This includes orientation for new employees, instruction on the proper use of equipment and personal protective equipment (PPE), and education on workplace-specific hazards.

In workplaces with 20 or more workers, employers must establish a Joint Work Site Health and Safety Committee. Smaller workplaces (5-19 workers) must designate a health and safety representative. These structures are responsible for regular inspections, hazard assessments, and supporting safe practices.

Employers must investigate any incidents or near misses and take corrective action to prevent recurrence. Alberta’s OHS Code also requires specific safety programs for high-risk industries such as construction, oil and gas, and manufacturing.

Employers who fail to comply with these duties can face administrative penalties, stop-work orders, prosecution, and substantial fines. Workers also have the right to file complaints or refuse unsafe work without retaliation.

Worker rights

Employers are responsible for ensuring workers understand their rights and responsibilities, including the right to refuse dangerous work and the obligation to report unsafe conditions. Clear communication and access to written OHS policies must be provided.

Reporting requirements

All employers must have an incident reporting process. Serious injuries, illnesses, and dangerous occurrences must be reported to Alberta OHS immediately. Records of incidents, inspections, and training must be maintained for at least 2 years.

Recordkeeping Requirements

Required records

In Alberta, employers are legally required to keep specific employment records to ensure compliance with the Employment Standards Code and Regulation. These records must be accurate, up to date, and made available to Employment Standards officers upon request.

Employers must maintain the following records for each employee:

• Name and address.
• Employment start and end dates.
• Hours worked each day and each week.
• Wage rate and overtime rate.
• All earnings and deductions for each pay period.
• Dates and amounts of vacation taken and vacation pay paid.
• Job-protected leave dates and reasons (if applicable).
• Written agreements, including overtime averaging agreements, banked time, and any variations to standard entitlements.
• Pay statements showing hours worked, wage rates, gross and net pay, and all deductions.

Employers must also keep age records for employees under the age of 18. 

These records must be retained for at least 3 years from the date they were created or from the employee’s last day of employment, whichever is later.

Records may be kept in paper or electronic format, as long as they are complete, legible, and readily accessible in Alberta. Employers must be able to produce these documents upon request by Employment Standards or Occupational Health and Safety officers. Failure to keep proper records can result in penalties and may make it more difficult for an employer to defend against complaints or claims.

Workplace Rights and Protections

Human rights and anti-discrimination

In Alberta, workplace protections against discrimination are governed by the Alberta Human Rights Act. This law prohibits discrimination in employment based on specific protected grounds, and it applies to all aspects of the employment relationship, including hiring, promotion, compensation, discipline, and termination.

The Alberta Human Rights Act protects individuals from discrimination based on the following characteristics:

• Race, colour, and ancestry.
• Place of origin and religious beliefs.
• Gender, gender identity, and gender expression.
• Age.
• Physical or mental disability.
• Marital status and family status.
• Source of income.
• Sexual orientation.

Employers have a legal duty to provide a discrimination-free workplace and must not treat employees differently based on these protected grounds. 

Employers are also required to make reasonable accommodations for employees who have needs related to disability, religion, family status, or other protected characteristics. This could include modifying work schedules, providing assistive devices, or adapting duties—unless doing so would create undue hardship for the employer, such as significant health, safety, or financial burdens.

Employees who believe they’ve experienced discrimination can file a complaint with the Alberta Human Rights Commission. The complaint must be submitted within 1 year of the incident, and the Commission may investigate, attempt mediation, or refer the case to a tribunal if unresolved. Remedies can include compensation, reinstatement, policy changes, or training requirements for the employer.

Harassment and violence policies

In Alberta, employers are legally required to develop and implement harassment and violence prevention policies under the OHS Act and Code. These rules apply to all provincially regulated workplaces and were updated on March 31, 2025, to streamline requirements and increase clarity.

Employers must have a written prevention plan that addresses both harassment and violence in a single, integrated document. The plan must include procedures for:

• Identifying and assessing potential risks of harassment or violence in the workplace.
• Developing controls to eliminate or reduce those risks.
• Reporting incidents or concerns confidentially.
• Investigating incidents fairly and promptly.
• Protecting the privacy of all parties involved, while recognising that limited information may need to be shared to ensure safety.
• Supporting affected employees, including access to counselling or other resources.

Employers must provide all employees with training on the prevention plan, including how to recognise and report harassment or violence, and what to expect from the response process. Employees must be retrained whenever the plan is updated or when workplace conditions change.

The plan must be reviewed at least every 3 years, or sooner if there’s an incident or if requested by a health and safety representative or committee. Employers are also required to keep records of reports and investigations, but they must handle all information with sensitivity and discretion.

Failure to implement a compliant policy can lead to OHS penalties and increased liability if incidents occur. Employers are encouraged to foster a respectful workplace culture and respond to all complaints quickly and seriously.

Rights of vulnerable workers

Alberta’s Employment Standards Code and Human Rights Act offer specific protections to vulnerable workers—those who may face a greater risk of exploitation due to age, language barriers, immigration status, income level, or precarious employment conditions.

Temporary foreign workers, in particular, are protected by both provincial and federal rules. Employers must comply with employment contracts, can’t charge illegal recruitment fees, and must not threaten deportation or retaliate against workers who raise concerns. Violations may be investigated by Alberta’s Employment Standards or the federal government through the Temporary Foreign Worker (TFW) Program.

Youth workers are also protected by additional rules under child labour laws, which restrict work hours, duties, and require parental or school permission depending on age.

All workers have the right to file confidential complaints with Employment Standards, Occupational Health and Safety, or the Alberta Human Rights Commission. Employers are prohibited from punishing workers for asserting their rights or participating in investigations.

Government Resources and Support

Provincial labour ministry

The Alberta Ministry of Jobs, Economy, Trade, and Immigration oversees employment standards, workplace rights, and safety regulations.

Workers’ Compensation Board (WCB)

The Alberta Workers’ Compensation Board (WCB) is an independent, not-for-profit organisation that provides no-fault insurance for work-related injuries and illnesses.

Federal resources

• Canada Revenue Agency – Payroll Deductions
• Service Canada – EI Maternity and Parental Benefits
• Canadian Centre for Occupational Health and Safety
• Employment and Social Development Canada 
• Federal Labour Program

Disclaimer

The information in this guide is intended for general informational purposes only and does not constitute legal advice. Employment laws change frequently, and outcomes may vary depending on your specific circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. For guidance, consult the appropriate provincial labour authority or a qualified employment lawyer.