Alberta Break Times: Employee Rights

Break Times in Alberta Workplaces

In Alberta, the Employment Standards Code (ESC) sets out the province’s rules for workplace breaks. Most employees (with some exemptions) are entitled to one 30-minute break for a meal during their first five hours of work.

• Paid vs. Unpaid Breaks: The 30-minute break does not have to be paid, but employers can choose to compensate employees during this time.
• What It Doesn’t Cover: Break time does not count toward:
  • Hours worked
  • Vacation time
  • Overtime pay

Alberta Break Rules Based on Shift Lengths

The ESC outlines specific break requirements for provincially regulated employees based on their shift length:

• 4-hour shift: No break required, but employers must allow bathroom use.
• 5-hour shift: One 30-minute break (can be split into two 15-minute breaks if agreed upon by the employer and employee).
• 8-hour shift: One 30-minute break; no additional break is required until five more hours of work are completed.
• 12-hour shift: Two 30-minute breaks, or one 30-minute break after every five hours of work.

What Should You Do If You Don’t Get a Break?

If your employer fails to provide a 30-minute break after 5 hours of work, you can file an employment standards complaint. The government will investigate and work to resolve the issue.

Can Employers Schedule Your Breaks?

Yes, employers are allowed to schedule break times to ensure adequate staffing during shifts. Often, this means employers stagger employee breaks to maintain business operations.

If you prefer a specific time for your break, you can request it. However, unless there’s a medical reason (e.g., needing to take medication), employers are not obligated to accommodate your request.

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

Do Employers Have to Pay For Breaks?

No, employers are not required to pay for break time unless your employment contract specifically states that breaks must be paid. Unpaid breaks are not considered hours worked.

Can You Be Forced to Work During a Break?

No, employers cannot make you work during your break, whether the break is paid or unpaid. Alberta’s Employment Standards Code requires that breaks are completely free of work responsibilities.

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Exemptions in Alberta

Certain workers are not entitled to the 30-minute break under the ESC, including:

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

What About Coffee Breaks in Alberta?

Coffee breaks, or short breaks typically used to grab a coffee or snack, are not guaranteed under Alberta’s ESC. Here’s what employees and employers should know:

• No Legal Entitlement: Unlike the required 30-minute meal break after 5 hours of work, coffee breaks are not mandated by Alberta law. Employers are not obligated to provide them.
• Employer Discretion: Many workplaces allow employees to take coffee breaks as a courtesy or to maintain morale and productivity. These breaks are often informal and agreed upon internally.
• Paid vs. Unpaid: If your employer allows coffee breaks:
  • They may be paid if the break is short (e.g., 5-10 minutes) and the employee is expected to remain on-site or on-call.
  • They are usually unpaid if they are longer and considered personal time.
• Combined Breaks: Some employers allow employees to use part of their unpaid 30-minute break for coffee breaks. This must be mutually agreed upon by both the employee and employer.

Can I Be Denied a Coffee Break?

Yes, your employer can deny a request for a coffee break unless it’s part of your employment contract or workplace policy. Employers have the right to set break rules based on operational needs. However, employees are still entitled to their legally required 30-minute break after 5 hours of work.

Why Employers Allow Coffee Breaks

Although not required by law, employers may permit short coffee breaks to:

• Boost productivity and focus.
• Reduce fatigue and mistakes on the job.
• Improve workplace morale and satisfaction.

Additional Break Resources

Samfiru Tumarkin LLP has created resources addressing other types of breaks commonly taken in Alberta workplaces:

• Bathroom breaks in Alberta
• Smoking breaks in Alberta
• Meal breaks in Alberta

Lost Your Job? Human Rights Violated?

If you were let go (with or without cause) or believe your human rights have been violated, the experienced legal team at Samfiru Tumarkin LLP can help.

Contact us today to ensure your workplace and human rights are protected. Our employment lawyers in Alberta serve clients in Calgary and Edmonton.