Discrimination complaints: one-year limit
The Workers’ Resource Centre is unable to assist with discrimination that happened more than one year ago, due to a one-year limit on complaints under the Alberta Human Rights Act. You may still have options through civil court. To find a lawyer, you can check the Alberta Law Society’s lawyer directory.
Please Note
The Workers’ Resource Centre can only file complaints under the Employment Standards Code within 6 months from the date of termination of employment. You may still be able to file a civil claim. To find a lawyer for legal advice, please visit the Alberta Law Society’s Lawyer Directory.
A note about discrimination
The Workers’ Resource Centre is unable to assist with forms of discrimination that do not fall under the protected grounds in the Alberta Human Rights Act. You may still have options through civil court. To find a lawyer, you can check the Alberta Law Society’s lawyer directory.
Occupational Health and Safety complaints
If you have a concern about safety at your work that hasn’t been addressed by your employer, you have the right to file a complaint with Occupational Health and Safety. Visit to learn more.
A note about sick leave
In order to take time of work to recover from physical, mental or emotional conditions, you will need documentation from a physician who is treating you. If you need help finding a doctor, please visit Alberta Find a Doctor or call 811 (Health Link) for referrals to health care providers.
You have the right to refuse dangerous work—and a responsibility to report it
In Alberta, workers have the right to refuse dangerous work if it poses a serious and immediate threat to health and safety to themselves or others. Learn more about refusing dangerous work by navigating to the Government of Alberta’s website here.
Workers also have a responsibility to report safety hazards at work to their employer or supervisor immediately. The Government of Alberta offers detailed explanations regarding workers’ responsibility to report health and safety hazards in the workplace.
Under Alberta’s legislation, workers cannot be disciplined, nor can they be threatened with discipline, for exercising their right to refuse dangerous work, or for reporting dangerous work.
Occupation exemptions for hours of work and rest
In Alberta, some occupations are exempt from the minimum standards for hours of work and rest. The occupation you selected is exempt from these minimum standards. You can read more about the exempt occupations here.
If your working hours are creating a safety hazard at your work, for example, if fatigue is making your work dangerous, you are obligated to report the hazard to your employer immediately. You can find more information on Occupational Health and Safety here.
Employment Standards – rest between shifts
In Alberta, the minimum period of rest between shifts is 8 hours. You indicated that you receive at least 8 hours between shifts, which is in accordance with the rule on rest between shifts, as set out by Employment Standards Alberta.
Employment Standards – breaks
In Alberta, employers do not need to provide breaks to employees whose shifts are 5 hours or less. You indicated that on average, you work fewer than 5 hours per shift, which means you would not be entitled to any breaks during these shifts, as per Employment Standards Alberta’s rules on daily rest periods.
Caring for family members
Workers who pay into Employment Insurance in Canada can receive caregiving benefits while caring for seriously ill or injured family members with a significant risk of dying, or who require end-of-life care. At this time, caregiver benefits do not apply to any other situations. You may still request time off work to help a family member in need, however, it would most likely be unpaid.
A note about vacation entitlements
Alberta workers are not entitled to paid vacation if they have worked less than 1 year for their employer, unless otherwise stated in their contract. Learn more about vacation rules at the Alberta Employment Standards website.
Vacation entitlements in Alberta
Alberta workers are entitled to the following vacation time, based on the number of years they have worked for their employer, unless stated otherwise in their contract:
- 1-5 years of work – 2 weeks paid vacation
- Over 5 years – 3 weeks paid vacation
To learn more about vacation entitlements in Alberta, you can consult Employment Standards.
Unionized employees
Please note that the Workers' Resource Centre is limited in the support that it can provide to workers who are part of a union. We require written permission from your union to assist with issues related to Alberta Employment Standards, Employment Insurance, Workers Compensation Board (WCB) initial applications, and disability claims. We are unable to assist unionized employees with human rights complaints related - please contact your union for assistance with discrimination at work.
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I lost my income and not sure if i am eligible for EI
Are there any programs that will allow me to collect an income
#EmploymentInsurance
Most workers in Canada pay into the federal Employment Insurance program through premiums deducted from their paycheques. The program provides temporary income support for workers who are unemployed or who need time off work due to illness, having a baby, and other major life events.
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FAQ
If I apply for Employment Insurance (EI) sickness benefits, do I have to quit my job?
No. In Alberta, eligible workers can take up twenty-seven weeks off of work for medical reasons. This is referred to as a job-protected leave and it means that you cannot be terminated for taking time off to recover or heal from illness or injury, including physical or mental health condition. If you have applied for EI sickness benefits, you should not quit your job. if your employer has asked you to quit or has fired you because of medical leave, the Workers’ Resource Centre can help:
Get Help -
FAQ
Can I collect Employment Insurance (EI) if I quit my job?
In most cases, if you quit your job, you will not be eligible to collect Employment Insurance (EI). However, there are certain circumstances where you had no other choice but to quit your job (i.e. discrimination) for which you may still be eligible to collect EI. Tell us more by taking our survey.
Get Help -
FAQ
Can I collect Employment Insurance (EI) if I was fired from my job?
In most cases, if you were at fault for losing your job (i.e. stealing, failing to show up for scheduled shifts, aggressive behaviour, etc.), you will not be eligible to collect EI. If you were wrongly fired, we may be able to help.
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FAQ
What is a temporary layoff?
Employers in Alberta may temporarily lay off employees if they wish to keep the employment relationship with their employees and call them back to work at a later date, for example, in the case of seasonal employment. The maximum length of a temporary layoff is 90 days in a 120-day period and proper notice must be given to employees. Workers who have been temporarily laid off may be eligible to claim Employment Insurance. If you have recently been laid off, we may be able to help. Tell us more.
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FAQ
What is the difference between termination with cause and termination without cause?
Termination with cause happens when a worker is fired for misconduct, such as stealing, violence, other illegal activities or inappropriate behaviour at work. Termination without cause happens when a worker is terminated for no fault of their own. Instead, they may have been let go due to lack of work or because of structural changes at their workplace.
A worker who has been terminated with cause is not eligible to receive regular Employment Insurance benefits. Learn more about workplace misconduct and Employment Insurance at Canada.ca.
No. In Alberta, eligible workers can take up twenty-seven weeks off of work for medical reasons. This is referred to as a job-protected leave and it means that you cannot be terminated for taking time off to recover or heal from illness or injury, including physical or mental health condition. If you have applied for EI sickness benefits, you should not quit your job. if your employer has asked you to quit or has fired you because of medical leave, the Workers’ Resource Centre can help:
In most cases, if you quit your job, you will not be eligible to collect Employment Insurance (EI). However, there are certain circumstances where you had no other choice but to quit your job (i.e. discrimination) for which you may still be eligible to collect EI. Tell us more by taking our survey.
In most cases, if you were at fault for losing your job (i.e. stealing, failing to show up for scheduled shifts, aggressive behaviour, etc.), you will not be eligible to collect EI. If you were wrongly fired, we may be able to help.
Get HelpEmployers in Alberta may temporarily lay off employees if they wish to keep the employment relationship with their employees and call them back to work at a later date, for example, in the case of seasonal employment. The maximum length of a temporary layoff is 90 days in a 120-day period and proper notice must be given to employees. Workers who have been temporarily laid off may be eligible to claim Employment Insurance. If you have recently been laid off, we may be able to help. Tell us more.
Get HelpTermination with cause happens when a worker is fired for misconduct, such as stealing, violence, other illegal activities or inappropriate behaviour at work. Termination without cause happens when a worker is terminated for no fault of their own. Instead, they may have been let go due to lack of work or because of structural changes at their workplace.
A worker who has been terminated with cause is not eligible to receive regular Employment Insurance benefits. Learn more about workplace misconduct and Employment Insurance at Canada.ca.
About the Workers' Resource Centre
We are dedicated to empowering Alberta workers. Our mission is to ensure that every worker understands their rights and has the support they need to access their benefits, and file workplace-related complaints and appeals. We offer support with job loss, improper pay, workplace discrimination, illness, injury and disability, and provide assistance to ensure workers’ basic needs are met.
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