Alberta Employment Standards Code
How Alberta's provincial employment standards differ from the federal Canada Labour Code
Content last verified against official statutes: March 30, 2026
Am I Provincially Regulated?
Same test applies. If not in banking, telecom, interprovincial transportation, broadcasting, or federal Crown corporations, Alberta's Employment Standards Code applies. This includes oil and gas workers whose operations are within Alberta. Note that interprovincial pipelines may be federally regulated.
Overtime
Alberta uses 8 hours per day OR 44 hours per week as the overtime threshold. Like federal, the rate is 1.5x. Averaging agreements are permitted with written consent. Banked overtime must be at the 1.5x rate.
Key difference from federal: The 44-hour weekly threshold (same as Ontario) means less overtime than federal's 40-hour threshold for employees working consistent long days.
Sick Leave
Alberta provides zero paid sick days. Employees are entitled to up to 16 unpaid sick days per year after 90 days of employment. Employers cannot require a doctor's note for absences of 3 days or less.
Key difference from federal: This is a major gap. Federal provides 3 paid + 7 unpaid. Alberta provides 0 paid + 16 unpaid. Alberta workers lose income for every sick day taken.
Termination
Notice based on length of service: 1 week (3 months to 2 years), 2 weeks (2-4 years), up to 8 weeks (10+ years). Alberta has no statutory unjust dismissal protection and no statutory severance pay (unlike Ontario's $2.5M payroll rule). Workers rely entirely on common law for wrongful dismissal claims.
Key difference from federal: No unjust dismissal, no statutory severance. Common law is the only recourse, which typically means compensation, not reinstatement.
Reprisal Protection
ESC s.82 prohibits retaliation for exercising employment standards rights. No reverse burden of proof.
Harassment
Alberta Occupational Health and Safety Act requires employers to address workplace harassment and violence. Investigations are required. Alberta Human Rights Act protects against discrimination on prohibited grounds. File with the Alberta Human Rights Commission (AHRC) within 1 year.
Key difference from federal: Alberta's OHS harassment framework is less prescriptive than federal SOR/2020-130. Investigation requirements are less detailed.
Filing Complaints
| Issue | Where to File | Deadline |
|---|---|---|
| Unpaid wages/overtime | Alberta Employment Standards | 6 months (wages), 2 years (other) |
| ESC reprisal | Alberta Employment Standards | Contact directly |
| Workplace harassment (non-human rights) | Alberta OHS | Report promptly |
| Discrimination (human rights) | Alberta Human Rights Commission (AHRC) | 1 year |
| Workplace safety | Alberta OHS | Immediately |
Key Statutes
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
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MyWorkRights.ca, "Alberta Employment Standards Code," accessed 2026-04-01, https://myworkrights.ca/provincial/alberta
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.