Is there a limit on the number of hours that an employee can work?
Yes, unless your collective agreement says otherwise.
If your job is covered by the Alberta Employment Standards Code, you can work for up to 12 hours in one day. Anything above this can only occur on an emergency basis, for example, if plant or machinery needs urgent work, an accident occurs, or other unforeseeable or unpreventable circumstances occur.
If you are under a collective agreement, the hours of work may be different.
Last Reviewed: November 2020
Can my boss make me work a split or double shift?
If your job is covered by Alberta’s Employment Standards Code, you can work for up to 12 consecutive hours in one day. Your boss can only ask you to work for more than 12 hours if:
- an accident occurs
- urgent work is necessary to a plant or machinery
- other unforeseeable or unpreventable circumstances occur, or
- your boss gets authorization from the Director of Employment Standards to increase to 16 hours per day.
There are certain rules that must be followed:
- All the work hours must fall within a 12-hour period (for example, 7am to 7pm).
- You must get at least 8 hours of rest between shifts (a double or split shift is considered one shift).
- If you work overtime while working a split shift, your boss must pay you for the overtime.
The above rules do not apply if a collective agreement says something different.
Last Reviewed: November 2020
Do I get rest periods at work?
Yes, depending on how many hours you work.
If you work 5 hours or less, you are not entitled to a rest period.
If you work more than 5 hours but less than 10 hours, you should get at least 30 minutes of rest. The 30 minutes can be provided in one unbroken period or in a series of breaks (two 15-minute periods), if you and your employer agree. Your break may be paid or unpaid, depending on your employer’s choice.
If you work 10 hours or more, you should get at least two rest periods of at least 30 minutes each. A 30-minute rest period can be provided in one unbroken period or in a series of breaks (two 15-minute periods), if you and your employer agree. Your breaks may be paid or unpaid, depending on your employer’s choice.
There are certain exceptions to this rule, for example if:
- an accident occurs
- urgent work is necessary
- unforeseeable or unpreventable circumstances arise
- you agree to different rest arrangements in your collective agreement
- it is not reasonable for you to take a rest
Last Reviewed: November 2020
Can my boss refuse to give me breaks?
Only if you work 5 hours or less. If you work more than 5 hours but less than 10 hours, you should get at least 30 minutes of rest. If you work 10 hours or more, you should get at least two rest periods of at least 30 minutes each. A break can be taken all at once or broken into two 15-minute breaks. Breaks can be paid or unpaid. There are exceptions to this rule – see the question above.
If you do not think your boss is following the law, you can contact Alberta Employment Standards.
Last Reviewed: November 2020
Can I work a compressed work week? (e.g., work for 10 hours a day, but only for 4 days a week)
No. Previously the legislation allowed this practice which was called a compressed work week. However, as of January 1, 2018, this is no longer permitted.
If you are in a compressed work week arrangement, this arrangement remains valid for a year after January 1, 2018, or the arrangement ends, or if the compressed work week was part of collective agreement, when a subsequent collective agreement is signed.
Last Reviewed: November 2020
Can my boss make me work weekends?
Yes. Although the Employment Standards Code states that an employer must allow employees days of rest, in Alberta there is no mention which days they have to be. If weekend work is a job requirement, consider this when deciding whether to take the job.
Last Reviewed: November 2020
How many rest days are required by law?
The Employment Standards Code requires one day of rest in every work week, 2 consecutive days in a period of 2 consecutive work weeks, and so on up to 4 consecutive days in a period of 4 consecutive work weeks.
After 24 consecutive workdays, an employee is entitled to at least 4 days of rest.
These rules do not apply if different days of rest are agreed to under a collective agreement.
Special rules also apply to the trucking industry — an employee must have 8 hours of rest after completing a shift.
Last Reviewed: November 2020
Which employees are exempt from the Employment Standards Code rules about hours of work, rest and overtime?
The following employees are exempt:
- managers, supervisors, and those employed in a confidential capacity
- domestic workers and farm workers
- professionals, including lawyers, certified or chartered accountants, architects, chiropractors, dentists, engineers, optometrists, podiatrists, psychologists, and veterinarians
- salespersons of automobiles, trucks, buses, farm machinery, road construction equipment, heavy duty equipment, mobile homes, or residential homes
- salespersons who solicit orders, principally outside of the employer’s place of business, who are fully or partly paid by commission (this does not apply to route salespersons)
- licensed salespersons of real estate, insurance, and securities
- salespersons for licensed direct sellers
- licensed land agents
- extras in a video or film production
- instructors or counsellors at a non-profit or recreational camp for children or handicapped persons or operated for religious purposes
Last Reviewed: November 2020
Is there a limit on how many hours I can work per day for the same employer?
Yes, you are not permitted to work more 12 hours per day (unless your collective agreement says otherwise). Unless your job is exempt from the overtime provisions, the law says that any work time over 8 hours per day, or 44 hours per week (whichever is greater) is overtime and must be paid as such. You can also enter into an averaging arrangement with your employer to average your hours of work over one to 52 weeks to determine your entitlement to overtime pay or time off with pay.
Last Reviewed: November 2020
Is there a minimum number of hours that I must work to be “full-time”?
The Employment Standards Code does not define full-time in terms of a number of hours. This may be defined by your employment contract or the personnel policies of your place of employment. If not, you may ask to negotiate a definition of full-time hours with your employer.
Last Reviewed: November 2020
Can my boss send me home if there isn’t enough work?
Yes. Your employer can send you home early if there isn’t enough work.
If you worked for less than three hours, your employer must pay you at least minimum wage for three of hours of work (unless an exception applies – see below). A meal break of one hour or less is not part of the 3 consecutive hours of work. For example, if you work from 6pm to 9:30pm and take a one hour dinner break from 7pm to 8pm, your employer has to pay you for 3 hours even though you only worked for 2.5 hours.
If you worked for three hours or more, your employer must pay you for the hours you worked.
In some jobs, if you work less than 2 hours, your employer only has to pay for 2 hours of work. Those jobs are:
- part-time employees in recreational or athletic programs run by a city, town, Métis settlement or a not-for-profit community service organization
- school bus drivers
- students 13, 14, or 15 years of age employed when the student is required to attend school
See more FAQs about pay.
Last Reviewed: November 2020
More Resources
Still looking for more information? Visit our Your Rights at Work page with more information about employment laws in Alberta. Or try searching LawNow’s collection of articles about various employment law topics.
- More FAQs about employment standards (CPLEA)
- FAQs about occupational health & safety (CPLEA)
- FAQs about discrimination and bullying (CPLEA)
- Directory of resources in Alberta (LawCentral Alberta) (French)
- Alberta Employment Standards (Government of Alberta)
- Alberta Human Rights Commission
- Occupational Health and Safety (Government of Alberta)
- Temporary Foreign Workers (Government of Alberta)
- Workers’ Resource Centre (help with employment issues)
- Alberta Workers’ Health Centre (legal information about safe and healthy workplace)