© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter E-9 Current as of November 26, 2025 EMPLOYMENT STANDARDS CODE

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Employment Standards Code Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Employment Standards Code Employment Standards .................................. 14/97 ............... 158/97, 249/97, 135/98, 88/99, 135/99, 114/2000, 327/2003, 354/2003, 28/2004, 108/2004, 221/2004, 8/2005, 60/2005, 105/2005, 35/2007, 134/2007, 39/2008, 68/2008, 45/2009, 164/2010, 78/2011, 102/2011, 31/2012, 93/2012, 114/2012, 170/2012, 84/2013, 232/2013, 97/2014, 130/2015, 145/2016, 246/2017, 218/2018, 45/2019, 56/2019, 71/2019, 72/2019, 81/2019, 172/2019, 181/2019, 182/2019, 159/2020, 218/2022, 22/2024, 136/2025, 281/2025

1 EMPLOYMENT STANDARDS CODE

Chapter E-9 Table of Contents 1

Interpretation

Part 1 Application and Operation of this Act 2 Application of this Act 2.1 Farm and ranch exemptions 2 . 2 Exemptions, modificati ons and substitutions 3 Civil remedies and greater benefits 4 Minimum standards cannot be avoided 5 Employment deemed continuous 5.1 Continuation of order

Part 2 Standards Division 1 Paying Earnings 7 Pay periods 8 Payment of wages, overtime pay and general holiday pay 8.1 Payment of minimum wage 1 1 Ways of paying earnings 1 2 Deductions from earnings 1 3 Notice required bef ore earnings reduced Division 2 Employment Records 1 4 Records to be maintained 1 5 Keeping employment records Division 3 Hours of Work 1 6 Hours of work confined

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Chapter E-9 EMPLOYMENT STANDARDS CODE 2 1 7 Notice of work times 1 8 Rest periods 1 9 Days of rest Division 4 Overtime and Overtime Pay 2 1 Overtime hours 2 2 Overtime pay 2 3 Overtime agreements 23.1 Hours of work averaging arrangements 2 4 Incentive pay - hourly wage fo r calculation of overtime Division 5 General Holidays and General Holiday Pay 24.1 Average daily wage 2 5 General holidays in Alberta 2 6 Eligibility for general holiday pay 27 Resolving doubts about genera l holiday pay entitlements 2 8 General holiday pay — not wor king on a normal work day 2 9 General holiday pay — wor king on a normal work day 30 General holiday pay — worki ng on unscheduled work day 3 1 General holiday during annual vacation 3 2 Incentive pay - hourly wage for calculating general holiday pay 3 3 Effect of general holiday on overtime calculation 33.1 General holiday pay on termination Division 6 Vacations and Vacation Pay 3 4 Basic vacation entitlement 34.1 Vacation pay for employee paid monthly 34.2 Vacation pay for employ ee paid other than monthly 3 5 Vacation entitlem ents with a common anniversary date 3 6 Computing 5 or more years of employment 3 7 How vacation is to be given 3 8 Dates for annual vacations 4 1 When vacation pay is to be paid 4 2 Vacation pay on termination of employment 4 3 When vacation pay is considered to be wages 4 4 Reductions in vacation and vacation pay Division 7 Maternity Leave and Parental Leave 4 5 Entitlement to maternity leave

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Chapter E-9 EMPLOYMENT STANDARDS CODE 3 4 6 Length of maternity leave 4 7 Notice of maternity leave 4 8 No notice of maternity leave 4 9 Notice of employer to s tart maternity leave 5 0 Parental leave 5 1 Notice of parental leave 5 2 Termination of employment prohibited during maternity leave and parental leave 5 3 Resumption of employment 53.1 Suspension of operations Division 7.1 Reservist Leave 53.2 Reservist leave 53.3 Request for proof 53.4 Termination of employment 53.5 Resumption of employment 53.6 Suspension of operations 53.7 Leave and vacation conflict Division 7.2 Compassionate Care Leave 53.9 Compassionate care leave 53.91 Termination of employment 53.92 Notice to return to work 53.93 Suspension of operations 53.94 Leave and vacation conflict Division 7.3 Death or Disappearance of Child Leave 53.95 Death or disappearance of child leave 53.951 Termination of employment 53.952 Notice to return to work 53.953 Suspension of operations 53.594 Leave and vacation conflict Division 7.4 Critical Illness of Child Leave 53.96 Critical illness of child leave 53.961 Termination of employment 53.962 Notice to return to work 53.963 Suspension of operations 53.964 Leave and vacation conflict

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Chapter E-9 EMPLOYMENT STANDARDS CODE 4 Division 7.5 Long-term Illness and Injury Leave 53.97 Entitlement to leave 53.971 Termination of employment 53.972 Notice to return to work 53.973 Suspension of operations 53.974 Leave and vacation conflict Division 7.6 Other Leaves 53.98 Definition 53.981 Domestic violence leave Personal and Family Responsibility Leave 53.982 Unpaid leave for personal and family responsibilities Bereavement Leave 53.983 Unpaid bereavement leave Leave for Citizenship Ceremony 53.984 Unpaid leave for citizenship ceremony Termination of Employment 53.985 Termination of employment Division 8 Termination of Employment 5 4 Calculating length o f employment for termination notice purposes 5 5 Options for employer to terminate employment 5 6 E m p l o y e r’s termination notice 5 7 Termination pay 5 8 Termination of employment by an employee 5 9 Expediting termination of employment after an employee ’s termination notice 6 0 Continuation of employment after termination 6 1 Earnings not to change afte r termination notice given 61.1 Use of entitlements during the notice period Layoff and Recall 6 2 Temporary layoff 6 3 Termination pay after temporary layoff 6 4 Recall

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Chapter E-9 EMPLOYMENT STANDARDS CODE 5 Division 9 Restriction on Employment of Children 6 5 Employment o f children 6 6 Conditions of a child ’s employment

Part 3 Administration Division 1 General 6 8 Director and Registrar 6 9 Establishment of appeal body 7 0 Liability o f officials 7 1 Delegation 7 2 Services by others 7 3 Alternative dispute resolution 7 4 Director’s variance or exemption 74.1 Minister’s variance or exemption Division 2 Employment Standards Officers 7 5 Certification and appointment of officers 7 6 Director exercising powers, etc. of officer 7 7 Inspections, investigations, inquiries 7 8 Assistance to officers 78.1 Officer directed audit 7 9 Directions 8 0 Single employer declaration 8 1 Effect of declaration Division 3 Employment Standards Complaints, Investigations and Determinations 8 2 Employee complaints 8 3 When complaints may be refused 83.1 When complaints must be refused 8 4 Mediation by officer 8 5 Decision of officer 8 6 Complaints referred to Director 8 7 Order of an officer 8 8 Appeal to Director 8 9 Order for reinstatement or compensation 9 0 Limitation periods for orders 9 1 General provisions about orders

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Chapter E-9 EMPLOYMENT STANDARDS CODE 6 9 2 Revocations or amendments by officer 92.1 Revocations or am endments by Director 9 3 Amendments and appeal from amendments 9 4 Settlement or comp romise by Director Division 4 Appeals to the Appeal Body 9 5 Appeal to appeal body 9 6 Appeal referred to appeal body 9 7 Abandonment of appeal Conduct of Proceedings 9 8 Fair process 9 9 Conduct of appeal 100 Evidence 102 Obtaining evidence 103 Failure to appear 104 Form of decision 105 Settlement 106 Correction of errors 107 Appeal body ’s decision 108 Disbursement of money held by Director

Part 4 Orders and Decisions and Director’s Demands to Third Parties 108.1 Application of Part Division 1 Enforcement of Orders and Decisions 109 Deemed trust 110 Filing of order 111 Registration of order in land titles office 112 Liability of directors of corporate employers 113 Reciprocal enforcement of orders Division 2 Director’s Demand to Third Parties 114

Definitions 115 Director ’s demand to third party 116 Duties of third party 116.1 Joint debt or account 117 Right of third party to make deductions

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Chapter E-9 EMPLOYMENT STANDARDS CODE 7 118 Debt created 119 Liability of third par ty not discharged 120 Receipt issued by Director 120.1 Payment priorities 121 Payment of money received 122 Director ’s collection notice 123 Disposition of money received

Part 4.1 Administrative Penalties Division 1 Offences and Penalties 123.1 Administrative penalties

Part 5 Offences, Procedures and Regulations Division 1 Offences and Penalties 124 No dismissal for garnishment proceedings 125 Adverse effect on employment prohibited 127 Premium for employment prohibited 128 Employer prohibitions 129 Offences 131 Corporate offences 132 Penalty 133 Prosecutions Division 2 Procedural Matters 134 Non-compellable witness 135 Service of documents 136 Certification of copies 136.1 Publication 137 Group termination Division 3 Regulations 138 Regulation-making authority

Preamble RECOGNIZING that a mutually effective relationship between employees and employers is critical to the capacity of Albertans to

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Section 1

Chapter E-9 EMPLOYMENT STANDARDS CODE 8 prosper in the competitive world-wide market economy of which Alberta is a part; ACKNOWLEDGING that it is fitting that the worth and dignity of all Albertans be recognized by the Legislature of Alberta through legislation that encourages fair and equitable resolution of matters arising over terms and conditions of employment; REALIZING that the employee-employer relationship is based on a common interest in the success of the employing organization, best recognized through open and honest communication between affected parties; RECOGNIZING that employees and employers are best able to manage their affairs when statutory rights and responsibilities are clearly established and understood; and RECOGNIZING that legislation is an appropriate means of establishing minimum standards for terms and conditions of employment; HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “administrative penalty” means an administrative penalty required to be paid under

section 123.1(1); (a.1) “agreement” includes a collective agreement; (a.2) “appeal body” means th e appeal body established or designated under

section 69; (a.3) “authorizing or enforcemen t instrument” means a permit, an order of an officer, an order of the Director, a decision of an appeal body, a variance or an exemption under

section 74 or 74.1, a notice of an officer under

section 77 or 78.1, a direction under

section 79, a single employer declaration under

section 80 and a director’s certificate under

section 112; (

b) repealed 2020 c28 s1(2); (b.1) “averaging arrangement” means an hours of work averaging arrangement under

section 23.1;

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Section 1

Chapter E-9 EMPLOYMENT STANDARDS CODE 9 (b.2) “averaging period” means the period over which hours of work are averaged under an averaging arrangement; (c) “collection notice” means a notice served by the Director under

section 122; (d) “collective agreement” m eans an agreement in writing between an employer or an employers’ organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements; (d.1) repealed 2017 c9 s1; (e) “Court” means the C ourt of King’s Bench; (

f) repealed 2017 c9 s1; (g) “date of delivery” means the date when the pregnancy of an employee terminates with the birth of a child or when the pregnancy otherwise terminates; (h) “Director” means the Dir ector of Employment Standards; (i) “Director’s demand” means a demand by the Director under

section 115 or a further demand under

section 116(3); (j) “earnings” means wages, o vertime pay, vacation pay, general holiday pay and termination pay; (k) “employee” means an individual employed to do work who receives or is entitled to wages and includes a former employee, but does not include an individual who is a member of a class of individuals excluded by the regulations; (l) “employer” means a person who employs an employee and includes a former employer; (m) “employment record” mean s the employment information required by

section 14 to be kept up to date and any other record needed to determine whether an employee is entitled to anything under this Act; (n) “hours of work” means (

i) the period of time during which an employee works for an employer, and

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Section 1

Chapter E-9 EMPLOYMENT STANDARDS CODE 10 (ii) time off with pay instead of overtime pay provided by an employer and taken by an employee; (

o) repealed 2017 c9 s1; (p) “medical certificate” mean s a statement signed by a physician who is entitled to practise medicine under the laws of the jurisdiction in which the physician practises or by a member of another health profession authorized by the regulations for the purpose of this clause; (q) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (q.1) “notice of administrativ e penalty” means a notice served under

section 123.1(1); (r) “officer” means an emp loyment standards officer; (s) “overtime agreement” means an agreement between an employer and employees under

section 23; (s.1) “overtime hours” means (

i) overtime hours determin ed in accordance with

section 21, or (ii) for the purposes of en titlement to overtime under an averaging arrangement, overtime hours determined in accordance with the regulations; (s.2) “overtime rate” means the hourly rate of pay for overtim e hours; (t) “Registrar” means the Registrar of Appeals; (t.1) “reservist” means a member of the reserve force of the Canadian Forces referred to in subsection 15(3) of the National Defence Act (Canada); (t.2) repealed 2017 c9 s2; (t.3) “termination notice period ” means the period commencing from the date the termination notice is given by the employer or the employee and ending on the date the employment terminates; (u) “termination pay” means the pay given to an employee instead of a termination notice;

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Section 1

Chapter E-9 EMPLOYMENT STANDARDS CODE 11 (v) “third party” means a person to whom a Director’s demand is issued, and includes the Crown in right of Alberta; (

w) repealed 2017 c9 s2; (x) “wages” includes salary, pay, money paid for time off instead of overtime pay, commission or remuneration for work, however calculated, but does not include (

i) overtime pay, vacation pa y, general holiday pay and termination pay, (ii) a payment made as a gift or bonus that is dependent on the discretion of an employer and that is not related to hours of work, production or efficiency, (iii) expenses or an allowance provided instead of expenses, or (iv) tips or other gratuities; (y) “wage rate” means the ho urly rate of pay for wages; (z) “week” means 7 consecutive days; (aa) “work” includes pr oviding a service; (bb) “work day” means a 24-hour period ending at midnight or a 24-hour period as established by the consistent practice of an employer; (cc) “work month” means a cale ndar month or the period from a time on a specific day in a month to the same time on the same day in the following month as established by the consistent practice of an employer; (dd) “work week” means the period between midnight on a Saturday and midnight on the following Saturday, or 7 consecutive days as established by the consistent practice of an employer; (ee) “year of employment” mean s a period of 12 consecutive months.

(2) A reference to “this Act” includes a regulation made under this Act. RSA 2000 cE-9 s1;2001 c6 s6;2009 c4 s2;2013 c6 s2; 2017 c9 s2;2019 c18 s6;2020 c28 s1(2);AR 217/2022

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Section 2

Chapter E-9 EMPLOYMENT STANDARDS CODE 12

Part 1 Application and Operation of this Act Application of this Act 2(1) This Act applies to all employers and employees, including the Crown in right of Alberta and its employees, except as otherwise provided in this Part.

(2) Except for provisions relating to leaves under Divisions 7 to 7.6 and other provisions of this Act necessary to give effect to those provisions, this Act does not apply to (

a) employees who are members of a municipal police service appointed pursuant to the Police Act and their employers with respect to the employment of those employees, (a.1) employees who are members of an independent agency police service appointed pursuant to the Police Act and their employers with respect to the employment of those employees, but only if the bargaining agent for the police officers of the independent agency police service and the employer have entered into or are bound by a collective agreement under the Police Officers Collective Bargaining Act, or (

b) employees and employers to the extent that another Act states that this Act or a provision of it does not apply to them. (3),

(4) Repealed 2017 c9 s3. RSA 2000 cE-9 s2;2001 c6 s6;2003 c26 s19;2009 c4 s3; 2013 c6 s3;2011 c12 s33;2017 c9 s3;2025 c18 s3 Farm and ranch exemptions 2.1(1) The following do not apply to employees who are employed in a farming or ranching operation referred to in subsection (4) or to their employer while acting in the capacity of employer of those employees: (

a) sections 16 and 18 of

Part 2, Division 3, Hours of Work; (

b) Part 2, Division 4, O vertime and Overtime Pay.

(2) Despite subsection (1), this Act does not apply to (

a) employees described in subs ection (3) who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, and

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Section 2.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 13 (

b) employees who are employed in a farming or ranching operation referred to in subsection (4), or to their employer while acting in the capacity of employer of those employees, if the operation employs 5 or fewer employees, not including (

i) employees described in subsection (3), and (ii) employees who are employed by the employer for fewer than 6 consecutive months.

(3) The following are employees that are described for the purpose of subsection (2): (

a) an employee who is a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (

b) an employee who is a family member of a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (

c) an employee who is a family member of a sole proprietor engaged in a farming or ranching operation; (

d) an employee who is a fam ily member of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family.

(4) For the purposes of subsections (1) and (2) an employee is employed in a farming or ranching operation if the employee’s employment is directly related to (

a) the primary production of eggs, milk, grain, seeds, fruit, vegetables, mushrooms, sod, trees, shrubs, plants, honey, livestock, diversified livestock animals within the meaning of the Livestock Industry Diversification Act, poultry or bees, (

b) the primary production of a product referred to in clause (

a) in a greenhouse or nursery, or (

c) any other primary agricultural operation specified in the regulations.

(5) In this section, “family member”, in relation to a shareholder, sole proprietor or partner, means

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Section 2.2

Chapter E-9 EMPLOYMENT STANDARDS CODE 14 (

a) the spouse or adult interdependent partner of the shareholder, sole proprietor or partner, or (

b) whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner or of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner, and includes any other person who is a member of a class of persons designated in the regulations under the Employment Standards Code. 2017 c9 s4;2019 c19 s2 Exemptions, modifications and substitutions 2.2 Despite anything in this Act, regulations under

section 138 may (

a) exempt an employment, employer or employee from

Part 2 or any provision of it, and (

b) vary or substitute any provi sion of

Part 2 in respect of an employment, employer or employee. 2017 c9 s4 Civil remedies and greater benefits 3(1) Nothing in this Act affects (

a) any civil remedy of an employee or an employer; (

b) an agreement, a right at common law or a custom that (

i) provides to an employee earnings, leaves of the types described in Divisions 7 to 7.6 or other benefits that are at least equal to those under this Act, or (ii) imposes on an employer an obligation or duty greater than that under this Act.

(2) If under an agreement an employee is to receive greater earnings or leaves of the types described in Divisions 7 to 7.6 than those for which this Act provides, the employer must give those greater benefits. RSA 2000 cE-9 s3;2001 c6 s6;2009 c4 s4;2013 c6 s4;2017 c9 s5

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Section 4

Chapter E-9 EMPLOYMENT STANDARDS CODE 15 Minimum standards cannot be avoided 4 An agreement that this Act or a provision of it does not apply, or that the remedies provided by it are not to be available for an employee, is against public policy and void. 1996 cE-10.3 s4 Employment deemed continuous 5 For the purposes of this Act, the employment of an employee is deemed to be continuous and uninterrupted when a business, undertaking or other activity or part of it is sold, leased, transferred or merged or if it continues to operate under a receiver or receiver-manager. 1996 cE-10.3 s5 Continuation of order 5.1 Notwithstanding the lapse or termination of the order of the Minister of Labour and Immigration numbered M.O. 2020-26, the terms of the order continue to have effect in relation to this Act for 18 months after the date of the lapse or termination of M.O. 2020-26. 2020 c13 s3

Part 2 Standards 6 Repealed 2017 c9 s6. Division 1 Paying Earnings Pay periods 7(1) Every employer must establish one or more pay periods for the calculation of wages and overtime pay due to an employee.

(2) A pay period must not be longer than one work month. 1996 cE-10.3 s7 Payment of wages, overtime pay and general holiday pay 8(1) Wages, overtime pay and general holiday pay earned in a pay period must be paid by an employer not later than 10 consecutive days after the end of each pay period.

(2) When an employee’s employment terminates, the employer must pay the employee’s earnings within whichever of the following periods the employer chooses: (a) 10 consecutive days after the end of the pay period in whi ch the termination of employment occurs;

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Section 8.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 16 (b) 31 consecutive days after the last day of employment. RSA 2000 cE-9 s8;2020 c28 s1(3) Payment of minimum wage 8.1 An employer must pay an employee at a wage rate that is at least the minimum wage established by regulation. 2017 c9 s7 9 and 10 Repealed 2020 c28 s1(4). Ways of paying earnings 11(1) In this section, “authorized financial institution” means a bank, treasury branch, credit union, loan corporation, trust corporation or other corporation insured under the Canada Deposit Insurance Corporation Act (Canada).

(2) An employee’s earnings must be paid by an employer in Canadian currency (

a) in cash or by cheque, bill of exchange or order to pay, payable on demand, drawn on an authorized financial institution, or (

b) if the employer so chooses, by direct deposit to the employee’s account in an authorized financial institution of the employee’s choice. 1996 cE-10.3 s11 Deductions from earnings 12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money unless allowed to do so by subsection (2).

(2) An employer may deduct from the earnings of an employee a sum of money that is (

a) permitted or required to be deducted by

an Act or regulation, including a regulation under this Act, or a judgment or order of a court, (a.1) a recovery of an overpayment of earnings paid to the employee resulting from a payroll calculation error, (a.2) a recovery of vacation pay paid to the employee in advan ce of the employee being entitled to it, (

b) authorized to be deducted by a collective agreement that is binding on the employee, or

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Section 13

Chapter E-9 EMPLOYMENT STANDARDS CODE 17 (

c) personally authorized in writing by the employee to be deducted.

(2.1) An employer must not deduct from the earnings of an employee a sum of money referred to in subsection (2)(a.1) more than 6 months after the overpayment was paid to the employee.

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer must not deduct from earnings a sum for (

a) faulty work, as defined in the regulations, of the employe e or damage caused by the employee, (

b) cash shortages or loss of property if an individual other than the employee had access to the cash or property, (

c) cash shortages resulting fr om a failure to collect all or any part of the purchase price from a purchaser, or (

d) any other circumstance specified by the regulations.

(4) An employer must give an employee written notice of a deduction from earnings under subsection (2)(a.1) or (a.2) before making the deduction. RSA 2000 cE-9 s12;2017 c9 s9;2020 c28 s1(5) Notice required before earnings reduced 13(1) An employer must give each employee notice of a reduction of the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the start of the employee’s pay period in which the reduction is to take effect.

(2) If an employer does not comply with subsection (1), an employee is entitled to the difference between the employee’s wage rate, overtime rate, vacation pay, general holiday pay or termination pay before the reduction and those rates and pay after the reduction from the time in the pay period in which the reduction was first applied to the end of that pay period. 1996 cE-10.3 s13 Division 2 Employment Records Records to be maintained 14(1) Every employer must keep an up-to-date record of the following information for each employee: (

a) regular and overtime hours of work for each work day;

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Section 14

Chapter E-9 EMPLOYMENT STANDARDS CODE 18 (

b) wage rate and overtime rate; (

c) earnings paid showing sepa rately each component of the earnings for each pay period; (

d) deductions from earnings a nd the reason for each deduction; (

e) time off instead of over time pay provided and taken; (

f) any other information required by the regulations.

(2) At the end of each pay period, an employer must provide a written statement to each employee setting out, in respect of the employee, (

a) the information described in subsection (1), and (

b) the period of employment covered by the statement.

(3) Repealed 2021 c16 s4.

(4) An employer must keep an up-to-date record of the following additional information for each employee: (

a) name, address an d date of birth; (

b) the date that the present period of employment started; (

c) the date on which a g eneral holiday is taken; (

d) each annual vacation, show ing the date it started and finished and the period of employment in which the annual vacation was earned; (

e) the wage rate and overtime rate when employment starts, the date of any change to wage rates or overtime rates, and particulars of every change to them; (

f) copies of documentation relating to a leave under Division s 7 to 7.6; (f.1) copies of overtime ag reements under

section 23; (f.2) copies of averaging arrangements under

section 23.1; (f.3) copies of parental consents under Division 9; (f.4) copies of agreements under

section 61.1(1); (f.5) copies of permits issued under this Act and the regulations;

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Section 15

Chapter E-9 EMPLOYMENT STANDARDS CODE 19 (f.6) copies of exemptions or variances issued under

section 7 4 and 74.1; (f.7) any other information required by the regulations; (

g) copies of any layoff no tices or recall notice after a temporary layoff; (

h) copies of any termination notices.

(5) On request, an employer must give to an employee a detailed statement of how the employee’s earnings were calculated and the method of calculating any bonus or living allowance paid, whether or not it forms part of wages.

(6) No employer, employee or other person shall falsify an employment record or give any false or misleading information in respect of employment records.

RSA 2000 cE-9 s14;2001 c6 s6;2009 c4 s5; 2013 c6 s5;2017 c9 s10;2020 c28 s1(6); 2021 c16 s4 Keeping employment records 15 Employment records must be retained by an employer for at least 3 years from the date each record is made. 1996 cE-10.3 s15 Division 3 Hours of Work Hours of work confined 16(1) An employer must confine an employee’s hours of work within a period of 12 consecutive hours in any one work day unless an accident occurs, urgent work is necessary to a plant or machinery, or other unforeseeable or unpreventable circumstances occur.

(2) If hours of work have to be extended, they are to be increased only to the extent necessary to avoid serious interference with the ordinary working of a business, undertaking or other activity.

(3) This

section does not apply if different hours of work confinement provisions are agreed to under a collective agreement. RSA 2000 cE-9 s16;2017 c9 s11;2020 c28 s1(7) Notice of work times 17(1) Every employer must notify the employees of the time at which work starts and ends by posting notices where they can be seen by the employees, or by any other reasonable method.

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Chapter E-9 EMPLOYMENT STANDARDS CODE 20

(2) An employer must not require an employee to change from one shift to another without at least 24 hours’ written notice and 8 hours of rest between shifts.

(3) This

section does not apply if different notice or hours of rest provisions are agreed to under a collective agreement. RSA 2000 cE-9 s17;2020 c28 s1(8) Rest periods 18(1) Subject to subsection (3), an employer must provide an employee who works a shift that exceeds 5 hours but is less than 10 hours with at least one rest period of at least 30 minutes, whether paid or unpaid.

(2) Subject to subsection (3), an employer must provide an employee who works a shift of 10 hours or more with at least 2 rest periods of at least 30 minutes each, whether paid or unpaid.

(3) If an employer and an employee agree, a rest period under subsection (1) or (2) may be taken in 2 periods of at least 15 minutes each.

(4) A rest period under this

section may be taken at a time agreed to by an employer and an employee.

(5) If an employer and an employee do not agree on a rest period

schedule for a shift, (

a) the employer must provide a rest period of at least 30 minutes, at a time chosen by the employer, within or immediately following the first 5 hours of the shift, and (

b) if required under subsection (2), the employer must provid e a 2nd rest period of at least 30 minutes, at a time chosen by the employer, after the first 5 hours of the shift.

(6) This

section does not apply if (

a) an accident occurs, urgen t work is necessary or other unforeseeable or unpreventable circumstances occur, (

b) different rest provisions a re agreed to under a collective agreement, or (

c) it is not reasonable for the employee to take a rest period. RSA 2000 cE-9 s18;2017 c9 s12;2020 c28 s1(9) Days of rest 19(1) Every employer must allow each employee at least

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Section 21

Chapter E-9 EMPLOYMENT STANDARDS CODE 21 (

a) one day of rest in each work week, (b) 2 consecutive days of rest in each period of 2 consecutive work weeks, (c) 3 consecutive days of rest in each period of 3 consecutive work weeks, or (d) 4 consecutive days of rest in each period of 4 consecutive work weeks.

(2) Every employer must allow each employee at least 4 consecutive days of rest after each 24 consecutive work days.

(3) This

section does not apply if different days of rest provisions are agreed to under a collective agreement. RSA 2000 cE-9 s19;2020 c28 s1(10) 20 Repealed 2017 c9 s13. Division 4 Overtime and Overtime Pay Overtime hours 21 Overtime hours in respect of a work week are (

a) the total of an employee’s hours of work in excess of 8 on each work day in the work week, or (

b) an employee’s hours of work in excess of 44 hours in the work week, whichever is greater, and, if the hours in clauses (

a) and (

b) are the same, the overtime hours are those common hours. 1996 cE-10.3 s21 Overtime pay 22(1) An employer must pay an employee overtime pay for overtime hours at an overtime rate that is at least 1.5 times the employee’s wage rate. (2) Subsection (1) does not apply to an employer or employee who has entered into an overtime agreement. RSA 2000 cE-9 s22;2017 c9 s14 Overtime agreements 23(1) An employee or the majority of a group of employees may enter into an overtime agreement

RSA 2000

Section 23

Chapter E-9 EMPLOYMENT STANDARDS CODE 22 (

a) as part of a coll ective agreement, or (

b) if there is no collective agreement, in a written agreement between the employee or group of employees and the employer, that provides that, wholly or partly instead of overtime pay, the employer will provide, and the employee or group of employees will take, time off with pay instead of overtime pay.

(1.1) An agreement under subsection (1) applies to an employee in a group of employees bound by the agreement whether or not the employee was employed by the employer at the time the agreement was entered into.

(2) An agreement referred to in subsection (1) is deemed to include at least the following provisions: (

a) time off with pay instead o f overtime pay will be provided, taken and paid at the employee’s wage rate at a time that the employee could have worked and received wages from the employer; (

b) if time off with pay instead of overtime pay is not provided, taken and paid in accordance with clause (a), the employee will be paid overtime pay at an overtime rate of at least 1.5 times the employee’s wage rate for the overtime hours worked; (

c) instead of overtime pay, tim e off with pay will be provided, taken and paid to the employee within 6 months of the end of the pay period in which it was earned unless the agreement is part of a collective agreement and the collective agreement provides for a longer period within which the time off with pay is to be provided and taken; (

d) no amendment or terminati on of the agreement is to be effective without at least one month’s written notice given by one party to the agreement to the other.

(3) An employer must provide a copy of the overtime agreement to each employee affected by it.

(4) An employer must comply with an overtime agreement entered into under this section.

(5) Time off with pay earned under

section 23(2)(

a) of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with

section 23(2)(

a) of the

RSA 2000

Section 23.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 23 former Act unless the overtime agreement or overtime agreement that is part of a collective agreement provides for a higher rate.

(6) In subsection (5), “former Act” means the Employment Standards Code as it read before September 1, 2019. RSA 2000 cE-9 s22;2017 c9 s15;2019 c8 s1 Hours of work averaging arrangements 23.1(1) Subject to the regulations, if an employer and an employee or a group of employees are not bound by a collective agreement, the employer may require or permit the employee or group of employees to work an averaging arrangement that provides that the employer will average an employee’s hours of work over a period of one to 52 weeks for the purpose of determining the employee’s entitlement to overtime pay or, instead of overtime pay, time off with pay.

(1.1) An employer must give at least 2 weeks’ written notice of a requirement to work an averaging arrangement to each employee to whom the requirement applies unless the employer and the employee agree otherwise. (1.2) Subsection (1.1) does not apply in respect of an employee if the employer gave written notice of the requirement to work the averaging arrangement to the employee before the employee’s employment began.

(1.3) Subject to the regulations, an employer or an employer’s organization and a bargaining agent may agree to an averaging arrangement as part of a collective agreement.

(2) If there is no collective agreement, an averaging arrangement under this

section must be a written arrangement applying to an employer and an employee or a group of employees.

(3) An averaging arrangement must (

a) be in writing, (

b) repealed 2020 c28 s1(11), (

c) specify the number of w eeks over which hours will be averaged, which must not exceed 52 weeks unless authorized by a variance or exemption under

section 74 or 74.1, (

d) unless a collective agreemen t provides otherwise, include a

schedule setting out the daily and weekly hours of work for the averaging period and, if the averaging arrangement specifies the matters set out in subsection (4), a statement

RSA 2000

Section 23.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 24 that the employer may amend the

schedule in accordance with the averaging arrangement, and (

e) specify the manner in which overtime pay and time off with pay instead of overtime pay will be calculated as provided for in the regulations.

(4) Despite the requirement for at least 24 hours’ written notice in

section 17(2), if an averaging arrangement specifies the manner in which an employer may amend the

schedule of daily and weekly hours of work in respect of an employee, the notice required to be given to the employee and the manner in which the notice must be given, the employer may amend the

schedule in accordance with the averaging arrangement.

(5) The employer must provide each employee to whom an averaging arrangement applies a copy of the averaging arrangement in accordance with the regulations.

(6) No employer to which an averaging arrangement applies shall fail to pay overtime in accordance with the averaging arrangement or otherwise fail to comply with the averaging arrangement.

(7) The Director may, subject to and in accordance with the regulations, cancel an averaging arrangement and must notify the employer of the cancellation.

(8) An employer may appeal the decision of the Director under subsection (7) to an appeal body.

(9) A compressed work week arrangement entered into before the repeal of

section 20 that is in effect when this

section comes into force remains valid (

a) until the earlier of the following: (

i) one year after the date this

section comes into force; (ii) the termination of the compressed work week arrangement, o r (

b) in the case of a compresse d work week agreement made as part of a collective agreement, the day a subsequent collective agreement is entered into. 2017 c9 s16;2020 c28 s1(11);2021 c13 s5

RSA 2000

Section 24

Chapter E-9 EMPLOYMENT STANDARDS CODE 25 Incentive pay - hourly wage for calculation of overtime 24(1) If an employee is paid entirely on commission or other incentive-based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations.

(2) If an employee is paid partly by salary and partly by commission or other incentive-based remuneration, then, for the purpose of calculating overtime pay, the employee’s wage rate (

a) is based on the salary com ponent of the wages, if the salary component is greater than the minimum wage, or (

b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage. 1996 cE-10.3 s24 Division 5 General Holidays and General Holiday Pay Average daily wage 24.1 In this Division, the average daily wage of an employee, in relation to a general holiday, is calculated by averaging the employee’s total wages in whichever of the following periods the employer chooses over the number of days worked by the employee in the period: (

a) the 4-week period immedi ately preceding the general holiday; (

b) the 4-week period ending on the last day of the pay period immediately preceding the general holiday. 2020 c28 s1(12) General holidays in Alberta 25 The following days are general holidays in Alberta: (

a) New Year’s Day, (

b) Alberta Family Day, (

c) Good Friday, (

d) Victoria Day, (

e) Canada Day, (

f) Labour Day,

RSA 2000

Section 26

Chapter E-9 EMPLOYMENT STANDARDS CODE 26 (

g) Thanksgiving Day, (

h) Remembrance Day, (

i) Christmas Day, (

j) any other day designated, by regulation, as a general holi day by the Lieutenant Governor in Council, and (

k) any other day designated as a general holiday under an agreement between an employer and employees, or otherwise designated as a general holiday by an employer. 1996 cE-10.3 s25 Eligibility for general holiday pay 26(1) An employee is eligible for general holiday pay if the employee has worked for the same employer for 30 work days or more in the 12 months preceding the general holiday.

(2) An employee is not entitled to general holiday pay if the employee (

a) does not work on a general holiday when required or scheduled to do so, or (

b) is absent from employment without the consent of the employer on the employee’s last regular work day preceding, or the employee’s first regular work day following, a general holiday. RSA 2000 cE-9 s26;2017 c9 s17;2019 c8 s1 Resolving doubts about general holiday pay entitlements 27(1) If an employee works an irregular

schedule and there is doubt about whether a general holiday is on a day that would normally have been a work day for the employee, the doubt is to be resolved in accordance with subsection (2).

(2) If in at least 5 of the 9 weeks preceding the work week in which the general holiday occurs the employee worked on the same day of the week as the day on which the general holiday falls, the general holiday is to be considered a day that would normally have been a work day for the employee. RSA 2000 cE-9 s27;2017 c9 s18;2019 c8 s1 General holiday pay — not working on a normal work day 28 If

RSA 2000

Section 29

Chapter E-9 EMPLOYMENT STANDARDS CODE 27 (

a) a general holiday falls on a day that would normally have been a work day for an employee, and (

b) the employee does not work on the general holiday, the employer must pay the employee general holiday pay of an amount that is at least the average daily wage of the employee. RSA 2000 cE-9 s28;2017 c9 s19;2019 c8 s1 General holiday pay — working on a normal work day 29(1) If a general holiday is on a day that would normally have been a work day for an employee and the employee works on the general holiday, the employer must comply with clause (

a) or (b): (

a) pay the employee general holiday pay of (

i) an amount that is at least the average daily wage of the employee, and (ii) an amount that is at least 1.5 times the employee’s wage rate for each hour of work of the employee on that day, o r (

b) provide the employee with (

i) an amount that is at least the employee’s wage rate times each hour of work on that day, and (ii) one day’s holiday, not later than the employee’s next annual vacation, on a day that would normally be a work day for the employee, and general holiday pay for that day of an amount that is at least the employee’s average daily wage.

(2) An amount or a day’s holiday earned under

section 29 of the former Act that has not been provided, taken or paid before September 1, 2019 must be provided in accordance with

section 29 of the former Act.

(3) In subsection (2), “former Act” means the Employment Standards Code as it read before September 1, 2019. RSA 2000 cE-9 s29;2017 c9 s20;2019 c8 s1 General holiday pay — working on unscheduled work day 30 If

RSA 2000

Section 31

Chapter E-9 EMPLOYMENT STANDARDS CODE 28 (

a) a general holiday is on a d ay that is not normally a work day for an employee, and (

b) the employee works on the g eneral holiday, the employer must pay the employee general holiday pay of an amount that is at least 1.5 times the wage rate of the employee for each hour of work on that day. RSA 2000 cE-9 s30;2017 c9 s21;2019 c8 s1 General holiday during annual vacation 31(1) If a general holiday occurs during an employee’s annual vacation, the employer must, if the general holiday is one to which the employee would have been entitled had the employee not been on annual vacation, give the employee a holiday with general holiday pay of a sum that is at least equal to the average daily wage of the employee.

(2) The general holiday must be taken (

a) on what would have been the employee’s first day back to work after the annual vacation, or (

b) by agreement with the employee, on another day after the annual vacation that would normally be a working day for the employee, and provide it before the employee’s next annual vacation. 1996 cE-10.3 s31 Incentive pay - hourly wage for calculating general holiday pay 32(1) If an employee is paid entirely on commission or other incentive-based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate is deemed to be the minimum wage prescribed by the regulations.

(2) If an employee is paid partly by salary and partly by commission or other incentive-based remuneration, then, for the purpose of calculating pay for time worked on a general holiday, the employee’s wage rate (

a) is based on the salary com ponent of the wages, if the salary component is greater than the minimum wage, or (

b) is deemed to be the minimum wage, if the salary component of the employee’s wages is equal to or less than the minimum wage. 1996 cE-10.3 s32

RSA 2000

Section 33

Chapter E-9 EMPLOYMENT STANDARDS CODE 29 Effect of general holiday on overtime calculation 33 When an employee works on a general holiday and is paid general holiday pay of at least 1.5 times the employee’s wage rate for each hour worked, the hours worked are not to be counted for the purpose of calculating any entitlement to overtime pay under

Part 2, Division 4, Overtime and Overtime Pay, for the work week in which the general holiday occurs. 1996 cE-10.3 s33 General holiday pay on termination 33.1(1) If an employee has not taken a holiday to which the employee is entitled under

section 29(1)(b)(ii) and (

a) the employment of the employee is terminated by the employer, the employee is entitled to be paid general holiday pay calculated under

section 29(1)(

a) less the amount paid to the employee under

section 29(1)(b)(i), or (

b) the employment of the employee is terminated by the employee, the employee is entitled to be paid at least the employee’s average daily wage.

(2) If the employment of an employee is terminated and at the time of termination a general holiday has not been taken under

section 31(2), the employer must pay the employee an amount that is at least the employee’s average daily wage for each general holiday not taken. 2017 c9 s22;2019 c8 s1 Division 6 Vacations and Vacation Pay Basic vacation entitlement 34(1) An employer must provide an annual vacation to an employee of at least (a) 2 weeks after each of the first 4 years of employment, and (b) 3 weeks after 5 consecutiv e years of employment and each year of employment after that, unless

section 35 applies.

(2) For greater certainty, a period during which an employee is on leave under Divisions 7 to 7.6 is included when calculating the employee’s years of employment for the purposes of subsection (1). RSA 2000 cE-9 s34;2017 c9 s23;2020 c28 s1(13)

RSA 2000

Section 34.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 30 Vacation pay for employee paid monthly 34.1 For each week of vacation, the employer must pay an employee paid by the month vacation pay of an amount at least equal to the employee’s wages for the employee’s normal hours of work in a work month divided by 4 1/3. 2017 c9 s24 Vacation pay for employee paid other than monthly 34.2 The employer must pay an employee who is not paid by the month vacation pay of an amount at least equal to, (

a) for an employee entitled to 2 weeks’ vacation or any lesser amount, 4% of the employee’s wages for the year of employment for which vacation is given, or (

b) for an employee entitled to 3 weeks’ vacation, 6% of the employee’s wages for the year of employment for which vacation is given. 2017 c9 s24 Vacation entitlements with a common anniversary date 35(1) For the purpose of calculating vacation and vacation pay, an employer may establish a common anniversary date for all employees or a group of them.

(2) If an employer establishes a common anniversary date, then, despite any other provision in this Division, (

a) the amount of vacation pay, and (

b) the length of an employee’s vacation, must not be reduced to less than the employee would have received if the common anniversary date had not been established.

(3) If an employee has a common anniversary date, the employee becomes entitled to an annual vacation as follows: (

a) on the first common anniversary date after employment starts with the employer, at least 2 weeks’ vacation or a proportionately lesser period of vacation if the employee has been employed for less than one year; (

b) on the 2nd, 3rd, 4th and 5th common anniversary date after employment starts with the employer, at least 2 weeks’ vacation; (

c) on the 6th common anniversary date after employment starts with the employer, at least

RSA 2000

Section 36

Chapter E-9 EMPLOYMENT STANDARDS CODE 31 (i) 3 weeks’ vacation, and (ii) vacation for the period tha t the proportion referred to in clause (a), if any, bears to one week; (

d) on the 7th and subsequent common anniversary dates after employment starts with the employer, at least 3 weeks’ vacation. 1996 cE-10.3 s35 Computing 5 or more years of employment 36 When it is necessary to determine whether an employee has been employed by an employer for 5 years of employment, or to determine whether the 6th common anniversary date has occurred, any break in the employee’s employment with the employer of less than 90 days is to be counted as a period of continuous employment.

RSA 2000 cE-9 s36;2017 c9 s5 How vacation is to be given 37(1) Employers must give employees their annual vacation in one unbroken period no later than 12 months after an employee becomes entitled to it.

(2) If an employee so requests in writing, the employer may provide the vacation in two or more periods, so long as each vacation period is at least one-half day long. RSA 2000 cE-9 s37;2017 c9 s26 Dates for annual vacations 38 If an employer and an employee are unable to agree on a mutually satisfactory date to start the employee’s annual vacation, the employer must give the employee at least 2 weeks’ written notice of the date on which the employee’s annual vacation is to start, and the employee must take the vacation at that time. 1996 cE-10.3 s38 39 Repealed 2017 c9 s27. 40 Repealed 2017 c9 s28.

When vacation pay is to be paid 41(1) An employer may pay vacation pay at any time, but must pay vacation pay to each employee no later than the next regularly scheduled pay-day after the employee starts annual vacation.

RSA 2000

Section 42

Chapter E-9 EMPLOYMENT STANDARDS CODE 32

(2) If vacation pay has not been fully paid to an employee before the annual vacation starts, the employee may request the employer to pay vacation pay at least one day before the vacation starts and the employer must comply with the request. 1996 cE-10.3 s41 Vacation pay on termination of employment 42(1) If employment terminates before an employee becomes entitled to a first annual vacation, the employer must pay the employee 4% of the employee’s wages earned during the employment.

(2) If employment terminates after an employee becomes entitled to annual vacation, the employer must pay the employee vacation pay of an amount equal to the vacation pay to which the employee would have been entitled in that year of employment if the employee had remained employed by the employer and (

a) for an employee who is en titled to 2 weeks’ vacation, at least 4% of the employee’s wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates, or (

b) for an employee who is en titled to 3 weeks’ vacation, at least 6% of the employee’s wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates. 1996 cE-10.3 s42 When vacation pay is considered to be wages 43 Vacation pay paid to an employee in one year of employment is deemed to be wages for the purpose of calculating the vacation pay payable to the employee in the following year of employment. 1996 cE-10.3 s43 Reductions in vacation and vacation pay 44 When an employee is absent from work, an employer may reduce the employee’s vacation and vacation pay in proportion to the number of days the employee was or would normally have been scheduled to work, but did not. 1996 cE-10.3 s44 Division 7 Maternity Leave and Parental Leave Entitlement to maternity leave 45 A pregnant employee who has been employed by the same employer for at least 90 days is entitled to unpaid maternity leave.

RSA 2000 cE-9 s45;2001 c6 s2;2017 c9 s29

RSA 2000

Section 46

Chapter E-9 EMPLOYMENT STANDARDS CODE 33 Length of maternity leave 46(1) The maternity leave to which a pregnant employee is entitled is a period of not more than 16 weeks starting at any time during the 12 weeks immediately before the estimated date of delivery.

(1.1) A pregnant employee whose pregnancy ends other than as a result of a live birth within 16 weeks of the estimated due date is entitled to maternity leave under this Division.

(2) An employee who takes maternity leave must take a period of leave of at least 6 weeks immediately following the date of delivery, unless the employee and her employer agree to shorten the period by the employee’s giving her employer a medical certificate indicating that resumption of work will not endanger her health. RSA 2000 cE-9 s46;2001 c6 s2;2017 c9 s30 (NOTE: Please see

section 54.3(

a) of the Employment Standards Regulation (AR 14/97) for changes to the leave provisions in this section.) Notice of maternity leave 47(1) A pregnant employee must give her employer at least 6 weeks’ written notice of the date she will start her maternity leave, and if so requested by her employer, the pregnant employee must provide her employer with a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

(2) A pregnant employee is entitled to start maternity leave on the date specified in the written notice given to her employer under subsection (1). RSA 2000 cE-9 s47;2001 c6 s2 No notice of maternity leave 48 An employee who does not give her employer prior notice of maternity leave before starting it is still entitled to maternity leave if, within 2 weeks after she ceases to work, she provides her employer with a medical certificate (

a) indicating that she is not able to work because of a medical condition arising from her pregnancy, and (

b) giving the estimated or actual date of delivery. RSA 2000 cE-9 s48;2001 c6 s2 Notice of employer to start maternity leave 49 If during the 12 weeks immediately before the estimated date of delivery the pregnancy of an employee interferes with the

RSA 2000

Section 50

Chapter E-9 EMPLOYMENT STANDARDS CODE 34 performance of her duties, an employer may give the employee written notice requiring her to start maternity leave. RSA 2000 cE-9 s49;2001 c6 s2 Parental leave 50(1) Subject to subsection (2), an employer must grant parental leave to an employee as follows: (

a) in the case of an employee entitled to maternity leave und er this Division other than an employee described in

section 46(1.1), a period of not more than 37 consecutive weeks immediately following the last day of maternity leave; (

b) in the case of a parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child’s birth; (

c) in the case of an adoptive parent who has been employed by the same employer for at least 90 days, a period of not more than 37 consecutive weeks within 53 weeks after the child is placed with the adoptive parent for the purpose of adoption.

(2) If employees described in this

section are parents of the same child, the parental leave granted under subsection (1) may (

a) be taken wholly by one of the employees, or (

b) be shared by the employees.

(3) If employees described in this

section are parents of the same child and are employed by the same employer, the employer is not required to grant parental leave to more than one employee at a time. 2001 c6 s2; 2017 c9 s31 (NOTE: Please see

section 54.3(

b) of the Employment Standards Regulation (AR 14/97) for changes to the leave provisions in this section.) Notice of parental leave 51(1) An employee must give the employer at least 6 weeks’ written notice of the date the employee will start parental leave unless (

a) the medical condition of the birth mother or child makes i t impossible to comply with this requirement; (

b) the date of the child’s placement with the adoptive parent was not foreseeable.

RSA 2000

Section 52

Chapter E-9 EMPLOYMENT STANDARDS CODE 35

(2) If the employee cannot comply with the written notice requirement for any of the reasons stated in subsection (1)(

a) or (b), the employee must give the employer written notice at the earliest possible time of the date the employee will start or has started parental leave.

(3) An employee is entitled to start parental leave on the date specified in the written notice given to the employer under subsection (1) or (2).

(4) Written notice under

section 47(1) is deemed to be notice of parental leave under this

section unless the notice specifically provides that it is not notice of parental leave, in which case this

section applies.

(5) Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave. 2001 c6 s2 Termination of employment prohibited during maternity leave and parental leave 52(1) No employer may terminate the employment of, or lay off, (

a) an employee who has started maternity or parental leave, or (

b) an employee because the emp loyee is entitled to maternity or parental leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.1 continues to apply. RSA 2000 cE-9 s51;2001 c6 s2;2017 c9 s32 Resumption of employment 53(1) Subject to

section 46(2), an employee must give the employer at least 4 weeks’ written notice of the date on which the employee intends to resume work and in any event must give notice not later than 4 weeks before the end of the leave period to which the employee is entitled or 4 weeks before the date on which the employee has specified as the end of the employee’s leave period, whichever is earlier.

(2) If an employee has given notice that she intends to resume work on a date that is before the end of the 6-week period referred to in

section 46(2), the employee is entitled without further notice

RSA 2000

Section 53.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 36 to an additional period of leave sufficient to meet the requirements of

section 46(2).

(3) The additional period of leave referred to in subsection (2) is to be charged first against any remaining maternity leave to which the employee is entitled and then against parental leave, and if it is charged against parental leave the amount of parental leave referred to in

section 50 is reduced accordingly.

(4) An employee is not entitled to resume working until the date specified in the written notice referred to in subsection (1) or the end of the additional period referred to in subsection (2), as the case may be.

(5) An employee must resume work on the date specified in the written notice or immediately following the end of the additional period, as the case may be, and if the employee fails to return to work on that date the employee is not entitled to resume work subsequently unless the failure to return to work resulted from unforeseeable or unpreventable circumstances.

(6) If an employee fails to provide at least 4 weeks’ notice before the end of the leave period to which the employee is entitled, the employee is not entitled to resume work unless the failure to provide the notice resulted from unforeseeable or unpreventable circumstances.

(7) Where an employee is entitled to resume work under this section, the employer must (

a) reinstate the employee in the position occupied when maternity or parental leave started, or (

b) provide the employee with a lternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the maternity or parental leave started.

(8) An employee who does not wish to resume employment after maternity or parental leave must give the employer at least 4 weeks’ written notice of intention to terminate employment. RSA 2000 cE-9 s52;2001 c6 s2 Suspension of operations 53.1 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s maternity or parental leave and the employer has not resumed operations when the employee’s leave ends, the employer

RSA 2000

Section 53.2

Chapter E-9 EMPLOYMENT STANDARDS CODE 37 must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the maternity or parental leave started, at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s maternity or parental leave started, with no loss of seniority or other benefits accrued to the employee. RSA 2000 cE-9 s53;2001 c6 s2 Division 7.1 Reservist Leave Reservist leave 53.2(1) Subject to the regulations, an employee who has completed at least 12 consecutive weeks of employment with an employer and is a reservist is entitled to reservist leave without pay to take

part in the following operations or activities: (

a) deployment to a Canadian Fo rces operation outside Canada; (

b) deployment to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; (

c) subject to the regulations, annual training, including rel ated travel time; (

d) an operation or activity set out in the regulations made under subsection (7).

(2) Participation, whether inside or outside Canada, in pre-deployment or post-deployment operations or activities that are required by the Canadian Forces in connection with an operation described in subsection (1)(

a) or (

b) is considered deployment to the operation for the purposes of that subsection.

(3) An employee is entitled to reservist leave for the period of time prescribed by the regulations or, if no period is prescribed, for as long as subsection (1)(a), (b), (

c) or (

d) applies to the employee.

(4) An employee who intends to take reservist leave must give the employer at least 4 weeks’ written notice of the date the reservist leave is to start and the notice must also include

RSA 2000

Section 53.3

Chapter E-9 EMPLOYMENT STANDARDS CODE 38 (

a) in the case of leave in res pect of an operation or activity referred to in subsection (1)(a), (

b) or (d), the estimated date on which the employee intends to resume work, or (

b) in the case of leave for annual training referred to in subsection (1)(c), the actual date on which the employee intends to resume work.

(5) If an employee cannot comply with the notice requirement under subsection (4)(

a) because of deployment in urgent circumstances, the employee must advise the employer in writing of the reservist leave as soon as is reasonable and practicable in the circumstances.

(6) Unless there is a valid reason for not doing so, an employee who takes reservist leave must advise the employer in writing of any change in the length of the leave as soon as is reasonable and practicable in the circumstances.

(7) The Minister may make regulations (

a) setting out operations or activities for the purpose of subsection (1)(d); (

b) respecting the circumstances in which annual training may be taken and the maximum amount of time that may be taken for training; (

c) respecting conditions that must be met before a 2nd or subsequent reservist leave may be taken; (

d) prescribing the period of time for the purposes of subsect ion (3). 2009 c4 s6;2021 cR-16.6 s4;2022 c13 s1 Request for proof 53.3 If an employer requests proof that an employee is entitled to reservist leave, the employee must provide the employer with a document from the employee’s commanding officer specifying (

a) that the employee is taking or has taken

part in an operation or activity referred to in

section 53.2(1), (

b) the day on which the leave is to start or started, and (

c) the estimated or actual length of the leave. 2009 c4 s6

RSA 2000

Section 53.4

Chapter E-9 EMPLOYMENT STANDARDS CODE 39 Termination of employment 53.4(1) No employer may terminate the employment of, or lay off, an employee who has started reservist leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.6 continues to apply. 2009 c4 s6 Resumption of employment 53.5(1) If an employee has been on reservist leave for more than 4 weeks, the employee must give at least 4 weeks’ written notice of the day on which the employee intends to resume work.

(2) If an employee has been on reservist leave for 4 weeks or less, the employee must, as soon as possible before resuming work, give the employer written notice of the date on which the employee intends to resume work.

(3) If an employee who has been on reservist leave in respect of annual training referred to in

section 53.2(1)(

c) intends to resume work on the date set out in the notice referred to in

section 53.2(4)(b), the employee is not required to give written notice under subsection (1) or (2).

(4) If an employee fails to comply with subsection (1), the employer may postpone the employee’s return to work for a period of up to 4 weeks after the day on which the employee notifies the employer of the employee’s intention to resume work.

(5) If the employer informs the employee in writing that the employee’s return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

(6) During the period of postponement, the employee is deemed to continue to be on reservist leave.

(7) Where an employee is entitled to resume work under this section, the employer must (

a) reinstate the employee in the position occupied when the reservist leave started, or (

b) provide the employee with a lternative work of a comparable nature

RSA 2000

Section 53.6

Chapter E-9 EMPLOYMENT STANDARDS CODE 40 at not less than the earnings and other benefits that had accrued to the employee when the reservist leave started.

(8) An employee who does not wish to resume employment after reservist leave must give the employer at least 4 weeks’ written notice of intention to terminate employment. 2009 c4 s6 Suspension of operations 53.6 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s reservist leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the leave started, at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. 2009 c4 s6 Leave and vacation conflict 53.7 Notwithstanding

section 37(1), if an employee is on reservist leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. 2009 c4 s6 53.8 Repealed 2022 c13 s1. Division 7.2 Compassionate Care Leave Compassionate care leave 53.9(1) In this Division, (a) “common-law partner” means a person who at the relevant time cohabits in a conjugal relationship with another person for a continuous period of at least one year; (b) “family member”, in rela tion to an employee, means (

i) a spouse or common-law partner of the employee,

RSA 2000

Section 53.9

Chapter E-9 EMPLOYMENT STANDARDS CODE 41 (ii) a child of the employee or a child of the employee’s spouse or common-law partner, (iii) a parent of the employ ee or a spouse or common-law partner of the parent, and (iv) any other person who is a member of a class of persons designated in the regulations for the purpose of this definition.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days is entitled to unpaid compassionate care leave for a period of up to 27 weeks for the purpose of providing care or support to a seriously ill family member.

(3) If more than one employee who is employed by the same employer is entitled to compassionate care leave with respect to the same family member, the employer is not required to grant the leave to more than one employee at a time.

(4) The employee must provide to the employer a medical certificate stating that (

a) the family member, named in the certificate, has a serious medical condition with a significant risk of death within 26 weeks from (

i) the day the certificate is issued, or (ii) if the leave was begun befo re the certificate was issued, the day the leave began, a n d (

b) the family member requires the care or support of one or more family members.

(5) The employee must provide a copy of the medical certificate under subsection (4) before commencing compassionate care leave unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(6) An employee who wishes to take compassionate care leave must give the employer at least 2 weeks’ written notice, which notice must also include the estimated date of the employee’s return to work, unless a shorter notice period is necessary in the circumstances, in which case the notice must be provided as soon as is reasonable and practicable in the circumstances.

RSA 2000

Section 53.91

Chapter E-9 EMPLOYMENT STANDARDS CODE 42

(7) The employee must inform his or her employer of any change in the estimated date of returning to work.

(8) Compassionate care leave may be taken in one or more periods but no period may be less than one week’s duration.

(9) Compassionate care leave ends on the earliest of the following occurrences: (

a) the last day of the work week in which the family member named in the medical certificate referred to in subsection (4) dies; (

b) the 27 weeks of compa ssionate care leave ends; (

c) the last day of the work week in which the employee ceases to provide care or support to the seriously ill family member. 2013 c6 s6;2017 c9 s33;2022 c13 s1 Termination of employment 53.91(1) No employer may terminate the employment of, or lay off, an employee who has started compassionate care leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.93 continues to apply. 2013 c6 s6 Notice to return to work 53.92(1) If an employee has been on compassionate care leave, he or she must provide at least one week’s written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave started, or (

b) provide the employee with a lternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the leave started.

RSA 2000

Section 53.93

Chapter E-9 EMPLOYMENT STANDARDS CODE 43

(3) An employee who does not wish to resume employment after the leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. 2013 c6 s6;2017 c9 s34 Suspension of operations 53.93 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s compassionate care leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. 2013 c6 s6 Leave and vacation conflict 53.94 Notwithstanding

section 37(1), if an employee is on compassionate care leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. 2013 c6 s6 Division 7.3 Death or Disappearance of Child Leave Death or disappearance of child leave 53.95(1) In this Division, (a) “child” means a person w ho is under 18 years of age; (b) “common-law partner” has the same meaning as in

section 53.9(1)(a); (c) “crime” means an offence under the Criminal Code (Canada); (d) “parent” means (

i) a parent of a child,

RSA 2000

Section 53.95

Chapter E-9 EMPLOYMENT STANDARDS CODE 44 (ii) the spouse or common-law partner of a parent of a child, (iii) a person with whom a child has been placed for the purposes of adoption, (iv) the guardian or a fost er parent of a child, or (

v) a person who has the care, custody or control of a child whether or not they are related by blood or adoption.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days is entitled to an unpaid leave as follows: (

a) a period of up to 52 weeks if the employee is the parent o f a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime, or (

b) a period of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

(3) An employee is not entitled to death or disappearance of child leave if he or she is charged with the crime that resulted in the death or disappearance of the child.

(4) The employee must provide the employer with reasonable verification of the employee’s entitlement to the leave as soon as is reasonable and practicable in the circumstances.

(5) The period during which an employee may take death or disappearance of child leave (

a) begins on the day on which the death or disappearance, as the case may be, occurs, and (

b) ends, subject to subsections (8) to (10), (

i) in the case of leave unde r subsection (2)(a), 52 weeks after the day on which the disappearance occurs, or (ii) in the case of leave under subsection (2)(b), 104 weeks after the day on which the death occurs.

(6) An employee who wishes to take death or disappearance of child leave must give the employer written notice as soon as is reasonable and practicable in the circumstances, which notice must include the estimated date of the employee’s return to work.

RSA 2000

Section 53.951

Chapter E-9 EMPLOYMENT STANDARDS CODE 45

(7) The employee must inform his or her employer of any change in the estimated date of returning to work.

(8) In the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends (

a) if the child is found alive, 14 days after the day on whic h the child is found but no later than the end of the 52-week period, or (

b) if the circumstances in su bsection (2)(

b) apply, 104 weeks after the day on which the disappearance occurred.

(9) For greater certainty, death or disappearance of child leave ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

(10) If an employee takes death or disappearance of child leave and is charged with the crime, leave ends on the day on which the employee is charged. 2017 c9 s35 Termination of employment 53.951(1) No employer may terminate the employment of, or lay off, an employee who has started death or disappearance of child leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.953 continues to apply. 2017 c9 s35 Notice to return to work 53.952(1) If an employee has been on death or disappearance of child leave, he or she must provide at least one week’s written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the death or disappearance of child leave started, or (

b) provide the employee with a lternative work of a comparable nature at not less than the earnings and other benefits that

RSA 2000

Section 53.953

Chapter E-9 EMPLOYMENT STANDARDS CODE 46 had accrued to the employee when the death or disappearance of child leave started.

(3) An employee who does not wish to resume employment after the leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. 2017 c9 s35 Suspension of operations 53.953 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during the employee’s death or disappearance of child leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. 2017 c9 s35 Leave and vacation conflict 53.954 Notwithstanding

section 37(1), if an employee is on death or disappearance of child leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. 2017 c9 s35 Division 7.4 Critical Illness of Child Leave Critical illness of child leave 53.96(1) In this Division, (a) “child” means a person w ho is under 18 years of age; (b) “common-law partner” has the same meaning as in

section 53.9(1)(a); (c) “parent” means (

i) a parent of a child,

RSA 2000

Section 53.96

Chapter E-9 EMPLOYMENT STANDARDS CODE 47 (ii) the spouse or common-law partner of a parent of a child, (iii) a person with whom a child has been placed for the purposes of adoption, (iv) the guardian or a fost er parent of a child, or (

v) a person who has the care, custody or control of a child whether or not they are related by blood or adoption.

(2) Subject to this section, an employee who has been employed by the same employer for at least 90 days and is a parent of a critically ill child is entitled to an unpaid critical illness of child leave of up to 36 weeks for the purpose of providing care or support to the child.

(3) If more than one employee who is employed by the same employer is entitled to critical illness of child leave with respect to the same child, the employer is not required to grant the leave to more than one employee at a time.

(4) If more than one child of the employee is critically ill as a result of the same event, the period during which the employee may take critical illness of child leave (

a) begins on the earlier of the dates specified in subsection (5)(

b) and (

d) on the first medical certificate issued in respect of any of the children that are critically ill, and (

b) ends on the earliest of the following occurrences: (

i) the last day of the work week in which the last of the critically ill children dies; (ii) the expiry of 36 weeks following the date leave began under clause (a); (iii) the expiry of the latest period referred to in subsection (5)(

c) on the medical certificates for the critically ill children; (iv) the last day of the work week in which the employee ceases to provide care or support to the last of the critically ill children.

(5) The employee must provide to the employer a medical certificate stating (

a) that the child is a critica lly ill child and requires the care or support of one or more parents;

RSA 2000

Section 53.961

Chapter E-9 EMPLOYMENT STANDARDS CODE 48 (

b) the start date of the period during which the child requir es that care or support; (

c) the end date of the period during which the child requires that care or support; (

d) if the leave was begun befo re the certificate was issued, the day leave began.

(6) The employee must provide a copy of the medical certificate under subsection (5) before commencing critical illness of child leave unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(7) An employee who wishes to take critical illness of child leave must give the employer at least 2 weeks’ written notice, which notice must also include the estimated date of the employee’s return to work, unless a shorter notice period is necessary in the circumstances, in which case the notice must be provided as soon as is reasonable and practicable in the circumstances.

(8) The employee must inform his or her employer of any change in the estimated date of returning to work.

(9) Subject to subsection (4), critical illness of child leave may be taken in one or more periods, but no period may be less than one week’s duration.

(10) Critical illness of child leave ends on the earliest of the following occurrences: (

a) the last day of the work week in which the child named in the medical certificate under subsection (5) dies; (

b) the period of 36 weeks of leave under this Division ends; (

c) the period referred to subs ection (5)(

c) of the certificate ends; (

d) the last day of the work week in which the employee ceases to provide care or support to the critically ill child. 2017 c9 s35 Termination of employment 53.961(1) No employer may terminate the employment of, or lay off, an employee who has started critical illness of child leave. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other

RSA 2000

Section 53.962

Chapter E-9 EMPLOYMENT STANDARDS CODE 49 activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.963 continues to apply. 2017 c9 s35 Notice to return to work 53.962(1) If an employee has been on critical illness of child leave, he or she must provide at least one week’s written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave started, or (

b) provide the employee with a lternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the leave started.

(3) An employee who does not wish to resume employment after the critical illness of child leave ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. 2017 c9 s35 Suspension of operations 53.963 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s critical illness of child leave and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. 2017 c9 s35

RSA 2000

Section 53.964

Chapter E-9 EMPLOYMENT STANDARDS CODE 50 Leave and vacation conflict 53.964 Notwithstanding

section 37(1), if an employee is on critical illness of child leave on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. 2017 c9 s35 (NOTE: Please see

section 54.3(

c) of the Employment Standards Regulation (AR 14/97) for changes to the leave provisions in this Division.) Division 7.5 Long-term Illness and Injury Leave Entitlement to leave 53.97(1) Subject to subsections (2) to (4), an employee who has been employed by the same employer for at least 90 days is entitled to unpaid leave due to the illness, injury or quarantine of the employee.

(2) For the purpose of subsection (1) the amount of leave under this Division must not exceed 16 weeks in a calendar year.

(3) The employee must provide to the employer a medical certificate stating the estimated duration of the leave.

(4) The employee must provide a copy of the medical certificate under subsection (3) before commencing leave under this Division unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.

(5) An employee who wishes to take leave under this Division must give the employer written notice as soon as is reasonable and practicable in the circumstances, which notice must include the estimated date of the employee’s return to work.

(6) The employee must inform his or her employer of any change in the estimated date of returning to work. 2017 c9 s35 Termination of employment 53.971(1) No employer may terminate the employment of, or lay off, an employee who has started leave under this Division. (2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of

RSA 2000

Section 53.972

Chapter E-9 EMPLOYMENT STANDARDS CODE 51 the employer to reinstate the employee or provide the employee with alternative work in accordance with

section 53.973 continues to apply. 2017 c9 s35 Notice to return to work 53.972(1) If an employee has been on leave under this Division, he or she must provide at least one week’s written notice of the date the employee intends to return to work unless the employer and the employee agree otherwise.

(2) When an employee returns to work under this section, the employer must (

a) reinstate the employee in the position occupied when the leave under this Division started, or (

b) provide the employee with a lternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the leave under this Division started.

(3) An employee who does not wish to resume employment after the leave under this Division ends must give the employer at least 2 weeks’ written notice of the employee’s intention to terminate employment. 2017 c9 s35 Suspension of operations 53.973 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during the employee’s leave under this Division and the employer has not resumed operations when the leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave, (

a) reinstate the employee in the position occupied at the tim e the leave started at not less than the earnings and other benefits that had accrued to the employee, or (

b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s leave started, with no loss of seniority or other benefits accrued to the employee. 2017 c9 s35

RSA 2000

Section 53.974

Chapter E-9 EMPLOYMENT STANDARDS CODE 52 Leave and vacation conflict 53.974 Notwithstanding

section 37(1), if an employee is on leave under this Division on the day by which his or her vacation must be used, any unused part of the vacation must be used immediately after the leave expires or, if the employer and employee agree to a later date, by that later date. 2017 c9 s35 Division 7.6 Other Leaves Definition 53.98 In this Division, (a) “family member” in rela tion to an employee, means a person who is a member of a class of persons designated in the regulations for the purpose of this Division; (b) “protected adult” means an a ssisted adult, represented adult or supported adult as defined in the Adult Guardianship and Trusteeship Act. 2017 c9 s35 Domestic violence leave 53.981(1) For the purposes of this Division, domestic violence occurs when an employee, the employee’s dependent child or a protected adult who lives with the employee is subjected to any of the acts or omissions listed in subsection (2) by another person who (

a) is or has been married to th e employee, is or has been an adult interdependent partner of the employee or is residing or has resided together with the employee in an intimate relationship, (

b) is or has been in a dating relationship with the employee, regardless of whether they have lived together at any time, (

c) is the biological or adoptiv e parent of one or more children with the employee, regardless of their marital status or whether they have lived together at any time, (

d) is related to the employee by blood, marriage or adoption or by virtue of an adult interdependent relationship, regardless of whether they have lived together at any time, or (

e) resides with the employee and has care and custody over th e employee pursuant to an order of a court.

(2) The following acts and omissions constitute domestic violence for the purposes of this Division:

RSA 2000

Section 53.981

Chapter E-9 EMPLOYMENT STANDARDS CODE 53 (

a) any intentional or reckle ss act or omission that causes injury or property damage and that intimidates or harms a person; (

b) any act or threatened act that intimidates a person by creating a reasonable fear of property damage or injury to a person; (

c) conduct that reasonably, in all circumstances, constitutes psychological or emotional abuse; (

d) forced confinement; (

e) sexual contact of any kind that is coerced by force or thr eat of force; (

f) stalking.

(3) An employee who is a victim of domestic violence and has been employed by the same employer for at least 90 days is entitled to unpaid domestic violence leave of up to 10 days in a calendar year.

(4) An employee may take domestic violence leave for one or more of the following purposes: (

a) to seek medical attention for the employee or the employee’s dependent child or a protected adult in respect of a physical or psychological injury or disability caused by the domestic violence; (

b) to obtain services from a victim services organization; (

c) to obtain psychological or other professional counselling for the employee or the employee’s dependent child or a protected adult; (

d) to relocate tempor arily or permanently; (

e) to seek legal or law enfo rcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence; (

f) any other purpose provided for in the regulations.

(5) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. 2017 c9 s35

RSA 2000

Section 53.982

Chapter E-9 EMPLOYMENT STANDARDS CODE 54 Personal and Family Responsibility Leave Unpaid leave for personal and family responsibilities 53.982(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to 5 days of unpaid leave in a calendar year, but only to the extent that the leave is necessary (

a) for the health of the employee, or (

b) for the employee to meet his or her family responsibilities in relation to a family member.

(2) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. 2017 c9 s35 53.9821 Repealed RSA 2000 cE-9 s53.9821. Bereavement Leave Unpaid bereavement leave 53.983(1) In this section, (a) “common-law partner” has the same meaning as in

section 53.9(1)(a); (b) “parent” has the same meaning as in

section 53.95(1)(d).

(2) An employee who has been employed by the same employer for at least 90 days is entitled to unpaid bereavement leave on the occurrence of any of the following: (

a) the death of a family member; (

b) the pregnancy of the employee ends other than as a result of a live birth; (

c) the pregnancy of the employee’s spouse or common-law partner ends other than as a result of a live birth; (

d) the pregnancy of another person ends other than as a resul t of a live birth and the employee would have been a parent of a child born as a result of the pregnancy.

(3) The amount of leave under this

section must not exceed 3 days in a calendar year.

RSA 2000

Section 53.984

Chapter E-9 EMPLOYMENT STANDARDS CODE 55

(4) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. 2017 c9 s35;2022 c13 s1 Leave for Citizenship Ceremony Unpaid leave for citizenship ceremony 53.984(1) An employee who has been employed by the same employer for at least 90 days is entitled to up to a half-day of unpaid leave to attend a citizenship ceremony to receive a certificate of citizenship, as provided for under the Citizenship Act (Canada) and regulations made under that Act.

(2) Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances. 2017 c9 s35 Termination of Employment Termination of employment 53.985 No employer may terminate the employment of, or lay off, an employee who is on leave under this Division. 2017 c9 s35 Division 8 Termination of Employment Calculating length of employment for termination notice purposes 54 For the purposes of determining the correct termination notice to be given by an employer or employee or termination pay to be given by an employer, when an employee has been employed by the same employer more than once, the periods of employment with that employer are considered to be one period of employment if not more than 90 days has elapsed between the periods of employment.

RSA 2000 cE-9 s54;2017 c9 s36 Options for employer to terminate employment 55(1) An employer may terminate the employment of an employee only by giving the employee (

a) a termination notice under

section 56, (

b) termination pay under

section 57(1), or (

c) a combination of terminat ion notice and termination pay under

section 57(2).

(2) Termination notice is not required

RSA 2000

Section 56

Chapter E-9 EMPLOYMENT STANDARDS CODE 56 (

a) if the employment of the employee is terminated for just cause, (

b) when an employee has been employed by the employer for 90 days or less, (

c) when the employee is employed for a definite term or task for a period not exceeding 12 months on completion of which the employment terminates, (

d) when the employee is laid off after refusing an offer by t he employer of reasonable alternative work, (

e) if the employee refuses wo rk made available through a seniority system, (

f) if the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment, (

g) when the employee is employed under an agreement by which the employee may elect either to work or not to work for a temporary period when requested to work by the employer, (

h) if the contract of employme nt is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer, (

i) if the employee is employed on a seasonal basis and on the completion of the season the employee’s employment is terminated, or (

j) when employment ends in the circumstances described in sections 62 to 64. RSA 2000 cE-9 s55;2017 c9 s37;2020 c28 s1(14) Employer’s termination notice 56 To terminate employment an employer must give an employee written termination notice of at least (

a) one week, if the employee has been employed by the employer for more than 90 days but less than 2 years, (b) 2 weeks, if the employee has been employed by the employer for 2 years or more but less than 4 years, (c) 4 weeks, if the employee has been employed by the employer for 4 years or more but less than 6 years,

RSA 2000

Section 57

Chapter E-9 EMPLOYMENT STANDARDS CODE 57 (d) 5 weeks, if the employee has been employed by the employer for 6 years or more but less than 8 years, (e) 6 weeks, if the employee has been employed by the employer for 8 years or more but less than 10 years, or (f) 8 weeks, if the employee has been employed by the employer for 10 years or more. RSA 2000 cE-9 s56;2017 c9 s38 Termination pay 57(1) Instead of giving a termination notice, an employer may pay an employee termination pay of an amount at least equal to the wages the employee would have earned if the employee had worked the regular hours of work for the applicable termination notice period.

(2) An employer may give an employee a combination of termination pay and termination notice, in which case the termination pay must be at least equal to the wages the employee would have earned for the applicable termination notice period that is not covered by the notice.

(3) If the wages of an employee vary from one pay period to another, the employee’s termination pay must be determined by calculating the average of the employee’s wages during the previous 13 weeks in which the employee worked preceding the date of termination of employment. RSA 2000 cE-9 s57;2017 c9 s39 Termination of employment by an employee 58(1) Except as otherwise provided in subsection (2), to terminate employment an employee must give the employer a written termination notice of at least (

a) one week, if the employee has been employed by the employer for more than 90 days but less than 2 years, or (b) 2 weeks, if the employee has been employed by the employer for 2 years or more. (2) Subsection (1) does not apply when (

a) there is an established custom or practice in any industry respecting the termination of employment that is contrary in whole or in part to subsection (1), (

b) an employee terminates employment because the employee’s personal health or safety would be in danger if the employee continued to be employed by the employer,

RSA 2000

Section 59

Chapter E-9 EMPLOYMENT STANDARDS CODE 58 (

c) the contract of employment i s or has become impossible for the employee to perform by reason of unforeseeable or unpreventable causes beyond the control of the employee, (

d) the employee has been employed by the employer for 90 days or less, (

e) the employee is t emporarily laid off, (

f) the employee is laid off after refusing an offer by the employer of reasonable alternative work, (

g) the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment, (

h) the employee is employed und er an agreement by which the employee may elect either to work or not to work for a temporary period when requested to work by the employer, or (

i) an employee terminates the employment because of a reduction in wage rate, overtime rate, vacation pay, general holiday pay or termination pay. RSA 2000 cE-9 s58;2017 c9 s40 Expediting termination of employment after an employee’s termination notice 59(1) If an employee gives a termination notice that is less than the notice that the employer would have been required to give and the employer wishes to expedite the termination, the employer must pay the wages that the employee would have earned if the employee had worked regular hours for the remainder of the termination notice period that has been given by the employee.

(2) If an employee gives a termination notice that is equal to or more than the notice that the employer would have been required to give and the employer wishes to expedite the termination, the employer must pay the wages that the employee would have earned if the employee had worked regular hours for the remainder of the termination notice period that would have been required to be given by the employer. RSA 2000 cE-9 s59;2017 c9 s41 Continuation of employment after termination 60 A termination notice is of no effect if an employee continues to be employed by the same employer after the date specified for termination of employment. 1996 cE-10.3 s60

RSA 2000

Section 61

Chapter E-9 EMPLOYMENT STANDARDS CODE 59 Earnings not to change after termination notice given 61(1) Neither the wages, wage rate, nor any other term or condition of employment may be reduced by an employer between the time termination notice is given by the employer or employee and the date employment terminates, whether or not work is required to be performed during that period.

(2) During the period between the date a termination notice is given by an employer or employee and termination of the employment, the employee remains employed by the employer unless (

a) the employer gives the employee termination pay, or (

b) the employer terminates employment of the employee (

i) for just cause, (ii) if the employee is laid off after refusing an offer by th e employer of reasonable alternative work, (iii) if the employee refuses wo rk made available through a seniority system, (iv) if the employee is not provided with work by the employer by reason of a strike or lockout occurring at the employee’s place of employment, or (

v) if the employment contract is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer. 1996 cE-10.3 s61 Use of entitlements during the notice period 61.1(1) An employer must not require an employee to use banked overtime during the termination notice period unless the employer and employee agree otherwise in writing.

(2) Unless an employer has, prior to the giving of a termination notice, provided the employee with notice to take annual vacation in accordance with

section 38, the employer must not require the employee to take the vacation during the termination notice period.

(3) Where an employee has not taken the day’s holiday referred to in

section 29(1)(b)(ii), an employer must not require the employee to use it during the termination notice period. 2017 c9 s42;2019 c8 s1

RSA 2000

Section 62

Chapter E-9 EMPLOYMENT STANDARDS CODE 60 Layoff and Recall Temporary layoff 62(1) An employer who wishes to maintain an employment relationship without terminating the employment of an employee may temporarily lay off the employee only by giving the employee a written layoff notice.

(2) Repealed 2020 c28 s1(15).

(3) The layoff notice must (

a) state that it is a t emporary layoff notice, (

b) state the date that the layoff is to commence, (

c) include a copy of this

section and sections 63 and 64, and (

d) include any other information provided for in the regulations. RSA 2000 cE-9 s62;2017 c9 s43;2020 c28 s1(15) Termination pay after temporary layoff 63(1) The employment of an employee who is laid off for one or more periods exceeding, in total, 90 days within a 120-day period terminates, and termination pay is payable, unless (

a) during the layoff the empl oyer, by agreement with the employee, (

i) pays the employee wages or an amount instead of wages, or (ii) makes payments for the be nefit of the laid-off employee in accordance with a pension or employee insurance plan or similar plan, o r (

b) there is a collective agreem ent binding the employer and employee containing recall rights for employees following layoff.

(2) When payments under subsection (1)(

a) cease or recall rights under subsection (1)(

b) expire, the employment of the employee terminates and termination pay is payable.

(3) For the purposes of determining the amount of termination pay payable under subsections (1) and (2), the amount is to be calculated as if

section 57(1) applies.

RSA 2000

Section 64

Chapter E-9 EMPLOYMENT STANDARDS CODE 61 (4) Subsections (1) and (2) do not apply if different provisions for termination after temporary layoff are agreed to under a collective agreement. RSA 2000 cE-9 s63;2017 c9 s43;2020 c28 s1(16) 63.1 Repealed RSA 2000 cE-9 s63.1. Recall 64(1) An employer may request an employee to return to work by providing the employee with a recall notice.

(2) A recall notice must (

a) be in writing, (

b) be served on the employee, and (

c) state that the employee must return to work within 7 days of the date the recall notice is served on the employee.

(3) If an employee fails to return to work within 7 days of being served with the recall notice, the employee is not entitled to termination notice or termination pay if the employer decides to terminate the employee’s employment as a result of the employee’s failure to return to work in accordance with the notice. (4) Subsection (3) does not apply to an employee bound by a collective agreement containing recall rights for employees following a layoff.

RSA 2000 cE-9 s64;2017 c9 s43 Division 9 Restriction on Employment of Children Employment of children 65(1) No person may, during normal school hours, employ, or permit to work on the person’s premises, an individual who is required to attend school under the Education Act, unless the conditions specified in

section 66 are complied with.

(2) No individual under 15 years old may be employed without the written consent of the individual’s parent or guardian and the approval of the Director, unless the regulations and the condition specified in

section 66 are complied with. RSA 2000 cE-9 s65;2012 cE-0.3 s288

RSA 2000

Section 66

Chapter E-9 EMPLOYMENT STANDARDS CODE 62 Conditions of a child’s employment 66 The condition referred to in

section 65 is that the individual must be enrolled in an off-campus education program provided under the Education Act. RSA 2000 cE-9 s66;2012 cE-0.3 s288 Division 10 Repealed 2017 c9 s45.

Part 3 Administration Division 1 General Director and Registrar 68(1) The Minister must appoint an individual who is an employee under the Public Service Act as the Director of Employment Standards.

(2) The Minister must appoint an individual as the Registrar of Appeals. 1996 cE-10.3 s68 Establishment of appeal body 69(1) The Lieutenant Governor in Council may (

a) establish an appeal body consisting of one or more persons who meet the qualifications established by the regulations; (

b) designate a body established under another Act or regulati on as the appeal body for the purpose of this Act; (

c) designate a class of perso ns, the members of which are deemed to be an appeal body for the purpose of this Act, which may include, with the approval of the Chief Justice of the Alberta Court of Justice, judges of the Alberta Court of Justice or justices of the peace.

(2) Where an existing body is designated under subsection (1)(

b) as the appeal body, the existing body, despite the enactment under which it was established, may carry out the functions of the appeal body under this Act.

(3) The Minister may, by order, establish a code of ethics for members of the appeal body.

(4) An appeal body established under subsection (1)(

a) or an appeal body designated under subsection (1)(

c) may establish rules

RSA 2000

Section 70

Chapter E-9 EMPLOYMENT STANDARDS CODE 63 of practice and procedures relating to the conduct of appeals under this Act, including establishing panels and quorums for the purpose of its proceedings.

(5) An appeal body designated under subsection (1)(

b) may adopt the practice and procedures under the enactment under which it was established and may modify them as required for the purpose of conducting appeals under this Act, including establishing panels and quorums for the purpose of its proceedings. RSA 2000 cE-9 s69;2017 c9 s46;AR 75/2023 Liability of officials 70 No action for damages may be commenced against the Director, an officer, the Registrar or an appeal body for anything done or not done in good faith in the performance or exercise or purported performance or exercise of their functions, powers or duties under this Act.

RSA 2000 cE-9 s70;2017 c9 s94 Delegation 71(1) The Director may delegate the performance or exercise of any function, power or duty of the Director to one or more individuals.

(2) A delegation may be (

a) general or specific to one or more functions, powers or duties, and (

b) subject to conditions or applicable in the circumstances specified by the Director.

(3) Repealed 2017 c9 s47. RSA 2000 cE-9 s71;2017 c9 s47 Services by others 72(1) The Director may engage persons (

a) to administer this Act or any provision of it, or (

b) to perform services for and otherwise assist the Director and officers in administering this Act.

(2) The Director may establish fees that a person referred to in subsection (1) is entitled to for anything done under subsection (1), and the person may collect those fees in accordance with the regulations. 1996 cE-10.3 s72

RSA 2000

Section 73

Chapter E-9 EMPLOYMENT STANDARDS CODE 64 Alternative dispute resolution 73(1) The Director may initiate and encourage the voluntary efforts of employers and employees (

a) to design fair processes in which to resolve complaints or concerns arising under this Act, with or without the assistance of an officer, and (

b) to settle complaints under this Act by appointing or facilitating the appointment of an impartial third party mediator, fact-finder or other person to assist the parties in settling their dispute.

(2) The Registrar may (

a) initiate any system of a ppeal management in order to expedite the fair resolution of an appeal; (

b) with the agreement of the parties, appoint or facilitate t he appointment of an impartial third party mediator, fact-finder or other person to assist the parties in settling their dispute; (

c) design processes to manage appeals that, at the option and with the agreement of the parties, may be used to resolve an appeal.

(3) Nothing in this

section affects the right of an employee to make a complaint and to have it processed in accordance with this Act. 1996 cE-10.3 s73 Director’s variance or exemption 74(1) Subject to subsection (3), the Director may on application by an employer, an employer association or a group of employers issue a variance or exemption to vary or exempt the application of one or more provisions of this Act or the regulations (

a) with respect to the empl oyer or employers, and the employee or employees, referred to in the application, or (

b) with respect to a type of employment carried on by the employer or employers.

(2) Repealed 2020 c28 s1(18).

(3) The Director may issue a variance or exemption under this

section only if (

a) the provision to be varied or exempted and the extent to which it may be varied or exempted is authorized by the regulations to be varied or exempted under this section.

RSA 2000

Section 74

Chapter E-9 EMPLOYMENT STANDARDS CODE 65 (

b) repealed 2020 c28 s1(18).

(4) The Director must notify the employer, employer association or group of employers of the decision respecting the issuance of a variance or exemption.

(5) A variance or exemption must (

a) specify the provisions of this Act or the regulations the application of which is varied or exempted and the extent to which the application of the provisions is varied or exempted, (

b) identify the employer, employers or group of employers, and the employee or employees, to whom the variance or exemption applies or the employment to which the variance or exemption applies, as the case may be, (

c) specify the date on whi ch the variance or exemption commences and the date it expires, (

d) include any terms or conditio ns that the Director considers appropriate, and (

e) include any other information required by the regulations.

(6) On the issuance of a variance or exemption, an employer to whom the variance or exemption applies must provide a copy of the variance or exemption to each employee to whom the variance or exemption applies.

(7) An employer or employee to whom a variance or exemption applies must comply with the variance or exemption and any terms and conditions of the variance or exemption.

(8) The Director may, at any time, amend or revoke a variance or exemption issued under this section.

(9) A decision by the Director respecting the amendment or revocation of a variance or exemption must be given to the employer, employer association or group of employers to whom the variance or exemption applies.

(10) An employer to whom a variance or exemption applies must provide a copy of an amendment or revocation of the variance or exemption to each employee to whom the variance or exemption applies. RSA 2000 cE-9 s74;2017 c9 s48;2020 c28 s1(18)

RSA 2000

Section 74.1

Chapter E-9 EMPLOYMENT STANDARDS CODE 66 Minister’s variance or exemption 74.1(1) Subject to the regulations, the Minister may, by order, on application by an employer, a group of employers or an employer association, vary or exempt the application of one or more provisions of this Act or the regulations (

a) with respect to the empl oyer or employers, and the employee or employees, referred to in the application, or (

b) with respect to a type of employment carried on by the employer or employers.

(2) An order made under subsection (1) must (

a) specify the provisions of this Act or the regulations the application of which is varied or exempted and the extent to which the application of the provisions is varied or exempted, (

b) identify the employer or employers, and the employee or employees, to whom the order applies or the employment to which the order applies, as the case may be, (

c) repealed 2020 c28 s1(19), (

d) include any terms or conditions that the Minister consider s appropriate, and (

e) include any other information required by the regulations.

(3) Repealed 2020 c28 s1(19).

(4) An employer or employee to whom an order made under subsection (1) applies must comply with the order and any terms and conditions of the order.

(5) The Minister may, at any time, amend or revoke an order made under subsection (1).

(6) A copy of an order made under subsection (1) or an amendment or revocation made under subsection (5) must be given to each employer and employee to whom the order, amendment or revocation applies in accordance with the regulations. 2017 c9 s48;2020 c28 s1(19);2021 c13 s5

RSA 2000

Section 75

Chapter E-9 EMPLOYMENT STANDARDS CODE 67 Division 2 Employment Standards Officers Certification and appointment of officers 75(1) The Director must establish competency and eligibility requirements to be met by individuals wishing to provide employment standards services, including those that are a function of an officer or that entail a power or duty of an officer.

(2) When an individual satisfies the Director that the individual meets the competency and eligibility requirements referred to in subsection (1), the Director may certify the individual as eligible for appointment as an officer.

(3) The Minister may appoint as employment standards officers only those individuals who are certified as eligible for appointment by the Director.

(4) The authority of an officer under this Act may be limited by conditions imposed by the Minister. 1996 cE-10.3 s75 Director exercising powers, etc. of officer 76 The Director may exercise any power or perform any function or duty of an officer. 1996 cE-10.3 s76 Inspections, investigations, inquiries 77(1) An officer may conduct an inspection, investigation or inquiry to determine whether this Act, the regulations or an authorizing or enforcement instrument has been or is being complied with, whether or not the officer has received a complaint.

(2) In conducting an inspection, investigation or inquiry, an officer may do any one or more of the following: (

a) subject to subsection (6), enter, at any reasonable time, any place other than a private dwelling, including any means of conveyance or transport, where an officer has reason to believe that (

i) work is or has b een done by employees, (ii) an employer carries on business, or (iii) an employment record or any other relevant record or thing is kept; (

b) examine an employment record or any other relevant record or thing;

RSA 2000

Section 77

Chapter E-9 EMPLOYMENT STANDARDS CODE 68 (

c) by written notice, require t he employer or any other person to produce, at a time, date and place specified in the notice, an employment record or any other relevant record or thing; (

d) by written notice, require t he employer or any other person to create a report from any employment record or any other relevant record or thi