Meal breaks in Alberta: Rights for employees

Does my employer have to provide me with meal breaks?

The short answer is no. Alberta’s Employment Standards Code (ESC) doesn’t require employers to provide non-unionized employees with meal breaks.

However, under the ESC, most workers in the province are entitled to one 30-minute break if their shift is at least five hours long. When your shift is more than 10 hours, the company must provide you with two 30-minute breaks.

You can choose to have a meal during the required break, but you are not entitled to additional breaks for eating unless you have a medical condition requiring accommodation under the province’s human rights legislation.

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:

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

Are meal breaks in Alberta paid?

Under the ESC, employers in Alberta are not required to pay staff for the 30-minute break, whether or not it’s used for eating.

However, if you are not allowed to leave your place of work during the break, then it must be paid.

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

Can my employer choose when I take meal breaks?

As long as you are not working more than five hours without a break, the timing of the required break is at your employer’s discretion.

However, if there is a specific time during your shift when you would like to take a break and eat, speak with the company.

• Example #1: You work from 10 a.m. to 6 p.m. Your company has designated 1 p.m. as the time when staff can take their 30-minute break. You would prefer to eat at noon instead. After speaking to your employer, they agree to let you eat an hour earlier.
• Example #2: You work from 8 a.m. to 4 p.m. Your company has designated noon as the time when staff can take their 30-minute break. Instead of only being able to eat once during your shift, you would rather have a 15-minute break in morning and another in the afternoon. After speaking to your employer, they agree to allow you to take a 15-minute break at 10 a.m. and another at 2:30 p.m.

I need more meal 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 meal 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

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

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

Non-unionized 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 get severance if I quit?

Can my employer fire me for taking meal breaks?

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

In Alberta, companies can let non-unionized 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

Fired for taking a meal break?

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