Bathroom breaks in Alberta: Rights for employees

Does my employer have to provide me with bathroom breaks?

Yes. Employers in Alberta must consider bathroom breaks a normal bodily function and reasonably accommodate their staff.

Your company has a duty to provide a healthy work environment to the point of undue hardship. Providing bathroom breaks would fall into that category.

While there aren’t any statutory employment or labour laws in the country that directly address bathroom breaks, Alberta’s Employment Standards Code (ESC) does require employers to provide most workers with one 30-minute break if their shift is at least five hours long.

If your shift is more than 10 hours, your company must provide you with two 30-minute breaks.

SEE ALSO
• Alberta Break Times: Your Rights
• Meal breaks in Alberta
• Smoking breaks in Alberta

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

What types of employees in Alberta are not entitled to a 30-minute break?

There are a number of workers who are not entitled to a 30-minute break under the ESC, including:

• Farm and ranch workers
• Managers and supervisors
• Certain types of salespeople and industry professionals

Are bathroom breaks in Alberta paid?

Bathroom breaks in Alberta should be paid breaks. If you must remain at work during your break, that time is considered working time and you are entitled to regular pay for that period.

Considering the length and frequency of bathroom breaks, it would be unreasonable for an employer to deduct pay for such breaks.

Can my employer limit the amount of bathroom breaks I can take?

The short answer is no. While there aren’t any statutory employment or labour laws in the country that directly address bathroom breaks, employers in Alberta are legally obligated to provide a healthy work environment to the point of undue hardship. Preventing staff from using the washroom when they need to would contradict that.

However, your employer might control the number of bathroom breaks you take if there is a reasonable basis to conclude that the breaks are being abused.

I need more bathroom breaks because of my medical condition, what should I do?

If you have a medical condition or health issue that requires longer or more frequent bathroom breaks, provide your employer with a note from your doctor.

Once this information has been provided, your company is legally obligated to accommodate your medical requirements.

LEARN MORE
• Sick notes in Alberta: Rights for employees
• Disability in the workplace

Can my employer make changes to my job for taking bathroom breaks?

Employees in Alberta don’t have to accept major changes to their job. Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

READ MORE
• Do I have to accept changes to my job in Alberta?
• Do I get severance if I quit?

Can my employer fire me for taking bathroom breaks?

Your employer can fire you for taking bathroom breaks. This is called a termination without cause.

In Alberta, companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

LEARN MORE
• How to calculate severance pay
• Severance for provincially regulated employees

Lost your job? Human rights violated?

If you are let go, with or without cause, or you believe that your human rights have been violated, talk to the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Calgary and Edmonton can review your situation, work to secure proper compensation, and ensure that your workplace and human rights are properly enforced.