Summary: Your Rights Under the Alberta Employment Standards Code
The Alberta Employment Standards Code contains the legal minimum rights and protections for most employees in the province. It regulates everything from the $15/hour minimum wage to how much termination pay you must receive if you are fired.
The Common Law Advantage: While the Code provides the floor, Common Law often grants you much more—especially regarding severance pay. If your employer only offers you the Code minimums, they may be withholding significant compensation.
On This Page:
Who is Covered/Exempt?
Wages & Overtime
Vacation & Holidays
Termination & Severance
Job-Protected Leaves
Filing a Complaint
Get Legal Help
Who is Not Covered by the Employment Standards Code?
Most employees in Alberta have rights under the Code, but many specialized occupations have exemptions or “special rules” regarding overtime, hours of work, and holiday pay.
- Managers & Supervisors: Generally not entitled to overtime pay if their duties are purely managerial.
- Regulated Professionals: Architects, accountants, engineers, lawyers, and IT professionals are often exempt from overtime minimums.
- Salespeople: Commissioned outside salespeople, car/truck dealers, and real estate brokers often have special minimum wage rules and holiday pay exemptions.
- Exempt Industries: Taxi drivers, farm workers, caregivers, and certain construction workers follow different thresholds for hours and overtime.
Wages and the “8/44” Overtime Rule
Alberta’s Overtime Pay rules require most employees to be paid 1.5x their wage for any hours exceeding 8 hours per day or 44 hours per week (whichever is higher).
- Minimum Wage: $15/hour for most adults; $13/hour for students under 18.
- The “Rule of 3”: If you are scheduled for a shift, your employer must pay you for at least 3 hours of work, even if they send you home early.
- Banked Time: Employers can provide time off in lieu of overtime pay only if there is a written overtime agreement.
Vacation Pay & General Holidays
In Alberta, statutory holidays are officially called General Holidays. Most employees are entitled to a day off with pay or 1.5x their salary if they work on these days.
- Vacation Entitlement: At least 2 weeks of Vacation Time after one year of work (paid at 4%), increasing to 3 weeks (6%) after 5 years.
- Recognized Holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Remembrance Day, and Christmas.
- Exclusions: Currently, Boxing Day and the National Day for Truth and Reconciliation are not mandatory general holidays under the Code.
Termination Notice & Pay in Lieu
If you are fired without “just cause,” you are entitled to Notice of Termination or Pay in Lieu of Notice — also known as Severance Pay in Alberta.
| Length of Employment | Code Minimum Notice |
|---|---|
| 90 Days to 2 Years | 1 Week |
| 2 Years to 4 Years | 2 Weeks |
| 4 Years to 6 Years | 4 Weeks |
| 10+ Years | 8 Weeks (Statutory Maximum) |
Job-Protected Leaves of Absence
A job-protected leave is guaranteed, unpaid time off for specific life events. Your employer can’t fire you for taking these leaves.
- Long-Term Illness & Injury: As of 2026, this has been increased to 27 weeks per calendar year.
- Maternity & Parental: Up to 16 weeks of maternity leave and 62 weeks of parental leave (totaling 78 weeks).
- Other Protections: Includes bereavement (3 days), domestic violence leave, and personal/family responsibility leave.
How to File an Employment Standards Complaint
If your minimum rights have been violated, you can file a complaint with Alberta Employment Standards while employed or within 6 months of your termination.
However, if you have a claim for wrongful dismissal or constructive dismissal, you have 2 years to pursue a claim for full severance in court. Our lawyers can help you decide which path will maximize your recovery.
Get Legal Help Today
If your employer is failing to pay overtime, miscalculating your holiday pay, or refusing your right to return from a leave, our team is ready to act. We ensure Alberta workers get every cent they are owed under both the Code and Common Law.