Alberta Break Times: Employee Rights

Break Times in Alberta Workplaces

In Alberta, the Employment Standards Code (ESC) sets out the province’s employment rights. Most employees (there are some exemptions) can take one 30-minute break for a meal, in their first five hours of work.

This break does not have to be a paid break, though an employer may choose to pay the employee for the time. The time off doesn’t apply towards:

• Hours of work
• Vacation time
• Overtime pay

Alberta Break Laws Based on Shift Lengths

In Alberta, breaks for provincially regulated employees are based on the length of their shifts:

• 4-hour shift: Employees are not entitled to a break if they work less than five hours, but they must be allowed to use the bathroom.
• 5-hour shift: Employees are entitled to one 30-minute break, which can be split into two 15-minute breaks if mutually agreed upon by both employer and employee.
• 8-hour shift: Employees are entitled to one 30-minute break. Companies don’t need to grant another break until after another five hours.
• 12-hour shift: Employees are entitled to two 30-minute breaks, or one 30-minute break after every five hours of work.

What Should I Do If My Employer Doesn’t Give Me a 30-minute Break?

If your employer doesn’t give you 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.

Are employers in Alberta allowed to schedule break times?

Yes, an employer is entitled to schedule when their workers take their breaks. This allows for the employer to ensure that their business has adequate coverage to meet its needs during the course of an employee’s shift. This is why employers often require their employees to stagger their breaks so that they don’t overlap with others, leaving the business without staff.

If you have a preferred time you like take your break, you are within your right to ask your employer to give that to you. However, unless you have medical reason as to why you need a specific break time (i.e. to take medication), your employer doesn’t have to accommodate the 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.

Does My Employer Have to Pay Me During My Break?

No. In Alberta, your employer does not have to pay you for your break time, unless your employment contract says that they must. Breaks are not considered as part of the hours worked for the day.

Can My Employer Force Me to Work During My Break?

No. In Albeta, your employer can’t force you to work during your break. According to the ESC, whether your are paid for the break or not, your employer can’t make you work while you take that break.

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Exemptions in Alberta

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

Other Types of Breaks

Samfiru Tumarkin LLP has created additional resources to address other types of breaks that are common in Alberta workplaces:

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

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, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our Alberta employment lawyers in Calgary and Edmonton can review your situation and ensure that your workplace and human rights are properly enforced – and get you the severance pay you are owed.