Alberta Employment Standards Code: Your Rights at Work
How Alberta's employment standards differ from the federal Canada Labour Code
Content last verified against official statutes: August 30, 2026
Am I Provincially Regulated?
Employers outside the federally regulated industries (banking, telecommunications, broadcasting, interprovincial transportation, federal Crown corporations) are covered by Alberta's Employment Standards Code (ESC). Oil and gas operations inside Alberta are provincially regulated; interprovincial pipelines may be federal.
Overtime
Overtime is payable at 1.5 times the regular wage for hours beyond 8 in a day or 44 in a week, whichever is greater (ESC s.21–22, the "8/44 rule"). An employer may put an averaging arrangement in place with 2 weeks' written notice to affected employees (s.23.1). Where overtime is banked as time off, it is banked at 1 hour off for each overtime hour (s.23(2)).
Key difference from federal: The federal weekly threshold is 40 hours (CLC s.169), and federal time off in lieu is credited at 1.5 hours per overtime hour (s.174). Alberta's 44-hour week and 1:1 banking are less generous.
Sick Leave
The Code provides no paid sick days. After 90 days of employment, employees are entitled to unpaid, job-protected long-term illness and injury leave — up to 27 weeks per year as of January 1, 2026 (s.53.97), supported by a medical certificate — and to 5 days per year of unpaid personal and family responsibility leave (s.53.982). The Code does not set a rule about doctor's notes for short absences; employers may set their own policies.
Key difference from federal: Federally regulated employees earn up to 10 paid medical-leave days per year (3 after 30 days, then 1 per month) plus up to 27 weeks of unpaid medical leave (CLC s.239).
Termination & Severance
ESC s.56 sets the minimum termination notice (or pay in lieu) once an employee has more than 90 days of service:
| Length of service | Minimum notice (or pay in lieu) |
|---|---|
| More than 90 days but less than 2 years | 1 week |
| 2 years to less than 4 years | 2 weeks |
| 4 years to less than 6 years | 4 weeks |
| 6 years to less than 8 years | 5 weeks |
| 8 years to less than 10 years | 6 weeks |
| 10 years or more | 8 weeks |
Alberta has no statutory severance pay and no statutory unjust-dismissal process. Claims for reasonable notice beyond the Code minimum are common-law wrongful dismissal claims, which provide compensation rather than reinstatement.
Key difference from federal: The Canada Labour Code adds severance pay of 2 days' wages per completed year (minimum 5 days, s.235) and an unjust dismissal complaint for non-managerial employees with 12 months of service (s.240), a remedy that can include reinstatement.
Reprisal Protection
ESC s.125 prohibits an employer from terminating, laying off or disciplining an employee, or otherwise discriminating against them, for making a complaint, giving evidence, or requesting anything the employee is entitled to under the Code. The Code contains no reverse burden of proof; complaints are investigated by Alberta Employment Standards.
Key difference from federal: Under CLC s.246.1(4) a federal reprisal complaint is itself evidence of reprisal and the burden of proof shifts to the party denying it.
Harassment
The Alberta Occupational Health and Safety Act and Part 27 of the OHS Code require employers to have a harassment and violence prevention plan, to investigate incidents and to prepare an investigation report. Harassment connected to a protected ground falls under the Alberta Human Rights Act; a complaint to the Alberta Human Rights Commission is made within 1 year of the discriminatory act.
Key difference from federal: Federally regulated workplaces follow the Work Place Harassment and Violence Prevention Regulations (SOR/2020-130), which set out a more detailed resolution and investigation process.
Filing Complaints
| Issue | Where complaints are filed | Time limit |
|---|---|---|
| Unpaid wages, overtime, vacation or holiday pay, termination pay | Alberta Employment Standards | While employed or within 6 months after employment ends (s.82(2)); recovery covers the 6 months before the complaint for wages and overtime, 2 years for vacation and general holiday pay (s.90(3)) |
| Reprisal (s.125) | Alberta Employment Standards | Same 6-month rule after employment ends |
| Harassment and violence (health and safety) | Alberta OHS | None set by statute |
| Discrimination or harassment on a protected ground | Alberta Human Rights Commission | 1 year from the discriminatory act |
- Alberta Employment Standards — file a complaint: alberta.ca/file-employment-standards-complaint
- Alberta Human Rights Commission: albertahumanrights.ab.ca
- Alberta OHS — workplace harassment and violence: alberta.ca/workplace-harassment-violence
Key Statutes & Sources
Official sources checked on August 30, 2026
- Employment Standards Code (King's Printer PDF) (kings-printer.alberta.ca)
- Overtime hours and overtime pay — alberta.ca (alberta.ca)
- Long-term illness and injury leave — alberta.ca (alberta.ca)
- Termination and termination pay — alberta.ca (alberta.ca)
- Canada Labour Code, Part III (laws-lois.justice.gc.ca)
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
Cite This Page
MyWorkRights.ca, "Alberta Employment Standards Code: Your Rights at Work," accessed 2026-10-01, https://myworkrights.ca/provincial/alberta