Women and the Law in Alberta

Page 73

What About Vacations And Vacation Pay? Employees are entitled to a minimum of two weeks vacation each year, with pay after one year to four years of employment and three weeks paid vacation after five years of employment with an employer. Monthly paid employees receive vacations with pay based on their monthly salary. Employees paid other than by the month are entitled to four per cent of their regular wages for vacation pay and 6% after five years. At the written request of an employee, the employer may grant the employee's annual vacation in periods of not less than one day. The employer has final approval of the time when the annual vacation is to be taken. What Other Holidays Should I Be Allowed? There are nine statutory holidays or General Holidays in every year and every employee is allowed these holidays. The General Holidays are New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and any other day designated by the employer or by regulation. If you work 30 days in the 12 months before a General Holiday and the General Holiday occurs on your regular workday and you are not required to work, you will be paid your regular day's wages. If you are required to work on a General Holiday, you must receive your daily wage plus payment of one and a half times your hourly wage for each hour worked (i.e. time and a half). Instead of the time and a half holiday pay, your employer may give you your regular pay plus another working day off with pay. If a General Holiday falls on a day that is normally your day off and you are required to work, your employer shall pay you one and a half times your regular wage for every hour that you work on that day. If a General Holiday occurs during your vacation period, you are entitled to receive an extra day of holiday. If you are employed in the construction industry or as a camp counsellor, the General Holiday pay regulations may be different. Check with your Alberta Human Resources and Employment, Employment Standards Branch for more information. Termination Of Employment Employees wishing to terminate their employment must give the employer written notice of their intent to leave of at least one week if employed more than three months but less than two years and two weeks if employed two years or more. An employer wishing to terminate employment of an employee must give written notice of termination of at least: (1)

One week if employed more than three months but less than two years;

(2)

Two weeks if employed two years but less than four years;

(3)

Four weeks if employed four years but less than six years;

(4)

Five weeks if employed six years but less than eight years;

(5)

Six weeks if employed eight years but less than ten years;

(6)

Eight weeks if employed over ten years;

(7)

The employer must pay the employee the wages that she would have earned during the notice period, or

(8)

The employer must provide a combination of written notice of termination and the wages the employee would have earned.

According to the Code, your employer need not give you any notice under certain circumstances, among which are the following: if you have worked for her less than three months, if there was a contract specifying the end of the employment, if you are employed in certain kinds of construction work, if you are temporarily laid off, if the contract of employment has become impossible for the employer to perform by reason of unforeseeable circumstances beyond her control, or if she has "just cause." Women and the Law 6th Edition, 2005 69


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