Notice Period in Alberta for Employers and Employees

Knowing the law around the notice period in Alberta is important whether you’re resigning or facing termination. This guide breaks down the legal requirements for these transitions, the implications of not providing enough advance notification, and what happens if you’re on unpaid leave. This clarity can help you make informed decisions for your specific situation. 

What Is a Notice Period in Alberta?

Definition and Purpose

It is the amount of time an employee or employer must give before ending employment. This time allows for a smooth transition, the handoff of workloads, and fair planning on both sides. In Alberta, the minimum requirements are outlined in the province’s Employment Standards Code.

Alberta Notice Period Requirements

Employer vs. Employee Obligations

When an employment relationship ends, both employers and employees are obligated to notify each other in advance. How much time they have to give each other before ending employment varies depending on how long the employee has worked for the company.

Here’s a summary of the minimum legal requirements in Alberta, as outlined by the Employment Standards Code:

Length of Employment	Employer’s Requirement	Employee’s Requirement
90 days or less	None required	None required
More than 90 days but less than 2 years	1 week	1 week
2 years but less 4 years	2 weeks	2 weeks
4 years but less than 6 years	4 weeks	2 weeks
6 years but less than 8 years	5 weeks	2 weeks
8 years but less than 10 years	6 weeks	2 weeks
10 years or more	8 weeks	2 weeks

Resignation Notice Alberta – What’s Required?

As the table above shows, employees who have worked for a company for more than 90 days but less than two years must typically give at least 1 week of notification when resigning. For those who have been employed with the company for two years or more, 2 weeks of notification is generally required.

While these are the minimum legal requirements, in certain circumstances it may be appropriate to provide more notification, especially for senior roles or if your departure will significantly impact operations. Many companies appreciate as much notice as possible to ensure a smooth transition.

Failing to provide the required notification when resigning can have repercussions. While direct legal action by an employer for “wrongful resignation” is uncommon unless significant financial damages can be proven, there are other potential consequences such as:

• Damaged Professional Reputation: Not giving adequate notification can burn bridges with your former employer and may negatively impact future reference checks.
• Impact on Future Employment: Some industries are close-knit, and word can travel. A poor departure could affect opportunities down the road.
• Delay in Final Pay: While your employer must pay out all earned wages, if you leave without proper notification, the timeline for your final earnings payment may be delayed. Alberta law allows your employer to delay your final pay up to 10 days after the required notice period would have ended if you had given it properly. For example, if you were required to give your employer two weeks but left immediately, your employer could hold your final pay for up to 10 days after those two weeks would have passed. 

What Happens If You Don’t Give Proper Notice?

Legal and Practical Consequences

If an employee resigns without notifying their employer with the required amount of time, the implications can include:

• Delay in Final Pay: As previously discussed, your employer can legally delay your final pay cheque for up to 10 days after the date the notification period would have ended if you had given it properly.
• Damaged Reputation and References: Leaving abruptly without sufficient notification can burn bridges with your former employer and colleagues. This can lead to negative references when you apply for future jobs, potentially making it harder to secure new employment.
• Potential for Legal Action: In very rare circumstances, if your sudden departure causes significant and quantifiable financial loss to the company (for instance, if a critical project is derailed and costs the company a substantial sum), an employer could pursue legal action to recover damages. 

If you are considering leaving your job without providing the required notification, especially due to challenging circumstances at work, you should seek legal advice first. An employment lawyer can help you understand the potential risks, explore your options, and advise on the best strategy to protect your career and financial interests.

Unpaid Leave of Absence in Alberta

How It Affects Notice Period Obligations

Taking a leave of absence can be a necessary part of life, but it also raises questions about your employment status, including how it might affect the amount of time you need to give your employer before resigning.

Types of Job-Protected Leaves in Alberta:

Alberta’s Employment Standards Code specifies several types of job-protected leaves. This means your employer must allow you to take the time off for the specified reasons and hold your job (or an equivalent one) for your return. Common examples include:

• Maternity and Parental Leave: For new parents after a birth or adoption.
• Personal and Family Responsibility Leave: For personal health or family needs.
• Bereavement Leave: Following the death of a family member.
• Long-Term Illness and Injury Leave: For your own extended health issues.
• Compassionate Care Leave: To care for a gravely ill family member.
• Critical Illness Leave: To provide care for a critically ill child or adult family member.
• Domestic Violence Leave: For employees experiencing domestic violence.
• Reservist Leave: For Canadian Forces reservists for deployment and training.

Most of these leaves require you to have been employed for at least 90 days with the same employer to be eligible.

For the purpose of calculating your length of employment, which directly impacts how much time you or your employer must give before ending the employment relationship, time spent on a job-protected leave typically counts as continuous employment, even if it was an unpaid leave. This means that if you’ve been with a company for five years, including a six-month parental leave, your notification period would still be calculated based on the full five years.

You can resign from a job while on an unpaid leave of absence. However, you are still obligated to notify your employer in advance, based on your total length of employment. Make sure you submit your resignation in writing and that your employer receives it. 

Can a Notice Period Be Shortened or Extended?

Negotiation and Contractual Agreements

While Alberta’s Employment Standards Code sets the minimum requirements, notice periods can sometimes be altered through mutual agreement or specific terms in an employment contract.

Some employment contracts may require a longer notification than the provincial minimums, especially for senior roles. However, a contract cannot legally allow for less than the minimum requirement set out in the Employment Standards Code. Any contractual term that tries to reduce your statutory rights would generally be unenforceable. 

When you’re starting a new job or during a performance review, you have an opportunity to negotiate the terms of your employment contract. If you’re a highly valued employee or in a specialized role, you may have more leverage to negotiate more favourable terms. Think about how flexible you might need your departure to be in the future. Once negotiated, make sure the agreement is clearly written in your employment contract.

Common Misconceptions About Notice Periods

“I Don’t Need to Give Notice If I Hate the Job”

Even in challenging or toxic work environments, you’re still legally required to notify your employer in advance before resigning. While it might be tempting to leave immediately, failing to provide the appropriate notification can lead to a delay in your final pay and negatively impact your professional references. It’s always best to understand your obligations, regardless of your feelings about the workplace.

“Unpaid Leave Doesn’t Count Towards My Notice Period”

This is a common misunderstanding. In many cases, time spent on job-protected leave actually does count towards your overall employment length when determining the required advance notification, even if it was an unpaid leave. 

“My Employer Can Just Fire Me Without Notice”

If you have worked for the employer for more than 90 days, the employers are generally not allowed to terminate employment without letting you know ahead of time or giving you equivalent pay and benefits.

Why Legal Advice Matters

Whether you’re considering leaving your job or facing a termination, having proper legal guidance can provide invaluable support.

Peace of Mind – Clarity Before You Act

Understanding your obligations and options before you make a move is crucial. An employment lawyer can help you gain a clear understanding of the law as it applies to your unique situation. This clarity allows you to make informed decisions with confidence, reducing stress and uncertainty about your next steps.

Risk Protection – Avoid Costly Mistakes

Making an uninformed decision during a job transition can lead to unintended and costly consequences. Wrong moves, such as resigning improperly or accepting an unfavourable termination package, can result in delayed or withheld pay, or even lead to unexpected legal disputes. Sound legal advice helps you avoid these pitfalls and safeguard your financial well-being.

Strategy – A Plan That Works for You

Every employment scenario is unique. A lawyer can help you develop a tailored strategy that aligns with your professional goals. Whether you’re aiming for a smooth transition to a new role, seeking to negotiate terms of departure, or responding to an unexpected job loss, strategic guidance can help you get your career back on track effectively.

How Cashion Legal Can Help

At Cashion Legal, we are committed to providing clear, practical employment advice for Alberta workers. We focus on guiding you through employment challenges with a sensible, results-oriented approach.

Employment Advice for Alberta Workers

• Review Your Situation: We can review your employment contract, assess the specifics of your situation, and explain your rights and obligations under Alberta law.
• Negotiate Departures: If you’re leaving a role, we can assist in negotiating a departure on clear and fair terms, ensuring your interests are represented.
• Support for Employment Changes: We offer immediate legal support if you’re facing a termination, have concerns about unpaid wages, or are involved in an employment dispute.

If you’re thinking about quitting, facing termination, or unsure about your legal obligations, speak with Cashion Legal first. We’ll help protect your interests and avoid costly mistakes.

Book a consultation.

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