Alberta’s Job-Protected Long-Term Sick Leave Has Expanded: What Employers and Employees Need to Know

Alberta employers have entered a new compliance reality for extended absences due to illness or injury. As of January 1, 2026, Alberta’s long-term illness and injury leave — a statutory, unpaid, job-protected leave — was expanded to up to 27 weeks per calendar year, increasing the previous maximum of 16 weeks.

This change is significant for both employers and employees. It affects workforce planning, scheduling, disability management, leave tracking, and termination risk. It also affects employees who need time away from work due to serious health conditions, injuries, or quarantine, by increasing the amount of time their position is protected under Alberta’s Employment Standards legislation.

What Is Long-Term Illness and Injury Leave in Alberta?

Long-term illness and injury leave is an unpaid, job-protected leave of absence under Alberta’s Employment Standards Code. It allows eligible employees to take time away from work due to illness, injury, or quarantine without risk of losing their job.

During the leave, the employment relationship continues. When the leave ends, the employer must reinstate the employee to the same position or a comparable one with no reduction in pay or benefits, subject to limited statutory exceptions.

It is important to remember that this leave represents the statutory minimum. Employment contracts or workplace policies may provide more generous benefits, including paid sick leave, short-term disability coverage, or longer protected absences. However, employers cannot provide less protection than what the legislation requires.

What Changed on January 1, 2026?

Effective January 1, 2026, eligible employees are entitled to up to 27 weeks of long-term illness and injury leave per calendar year.

Previously, the maximum entitlement was 16 weeks per calendar year. The expansion represents a substantial increase in job protection and significantly affects long-term workforce planning.

There are also transitional considerations. Where an employee began a qualifying leave before January 1, 2026, the leave’s duration may be adjusted to reflect the new entitlement. If the adjusted leave extends beyond the timeframe set out in the employee’s original medical certificate, an updated certificate may be required.

For Alberta employers, the practical takeaway is clear: 27 weeks per calendar year is now the new compliance baseline.

Who Is Eligible for the Leave?

Eligibility for long-term illness and injury leave requires that the employee has been employed for at least 90 days with the same employer. Employees with less than 90 days of service are not automatically entitled to the statutory job protection, although employers may choose to grant leave voluntarily.

The 90-day threshold is particularly important for employers managing probationary periods. While employment standards protections may not apply before 90 days, employers must still be mindful of potential human rights considerations if a disability is involved.

How Is the Leave Calculated?

The 27-Week Maximum

Eligible employees may take up to 27 weeks per calendar year. The calendar year runs from January 1 to December 31.

This means employers should track leave on a calendar-year basis rather than a rolling 12-month period, unless internal policies provide a more generous framework.

Continuous or Intermittent Leave

The legislation does not require the leave to be taken as a single continuous block. In practice, absences may be continuous or intermittent, depending on the employee’s medical condition.

Intermittent absences can create administrative challenges. Employers should ensure that leave-tracking systems are accurate and consistent, particularly where absences span across calendar years.

Notice and Medical Documentation Requirements

Medical Certificate

To qualify for the leave, an employee must provide a medical certificate confirming that they are unable to work due to illness or injury and stating the estimated duration of the absence.

The certificate may be issued by a physician or nurse practitioner and must generally be provided before the leave begins. If this is not possible, it must be provided as soon as reasonably practicable.

Written Notice

Employees are required to provide written notice to their employer as soon as is reasonable. The notice should include an estimated return-to-work date. If that date changes, the employee must inform the employer.

To return to work, the employee must provide at least one week of written notice, unless the employer agrees otherwise. If the employee decides not to return and instead resigns, they must provide at least two weeks of written notice. Clear communication on both sides is critical to avoid misunderstandings or disputes.

Is the Leave Paid?

No. Long-term illness and injury leave is unpaid under Alberta’s Employment Standards Code. 

However, employees may have access to income replacement through other sources, such as:

• Employer-sponsored short-term or long-term disability plans
• Workers’ compensation (where applicable)
• Employment Insurance (EI) sickness benefits

It is important to distinguish between job protection under employment standards and income replacement under insurance or federal benefits programs. They are separate systems with different eligibility requirements and timelines.

What Does Job Protection Mean in Practice?

Reinstatement Rights

At the end of the leave, employers must return the employee to their original position or to a comparable position with similar pay and benefits.

The employee’s length of service is considered continuous for the purpose of calculating years of employment.

Protection From Reprisal

Employers cannot terminate, discipline, or penalize an employee for requesting or taking a job-protected leave.

Any adverse action that appears to be connected to the leave may expose the employer to employment standards complaints and, in some cases, to wrongful dismissal or human rights claims.

Limited Exceptions

An employer may terminate or lay off an employee on leave if the business has been suspended or discontinued. However, reinstatement obligations may arise if operations resume within a certain timeframe.

These exceptions are narrow and should be approached cautiously.

Employer Best Practices Following the Expansion

The increase from 16 to 27 weeks significantly extends the period during which an employee’s position is protected. Employers should respond proactively.

Update Policies and Employment Agreements

Employee handbooks and internal leave policies should be revised to reflect the 27-week entitlement. Managers and HR personnel should receive updated training.

Improve Leave Tracking Systems

Accurate recordkeeping is critical. Employers should ensure that leave is tracked by calendar year and that documentation is centralized.

Standardize Medical Information Requests

Employers are entitled to request confirmation of inability to work and the estimated duration. However, requests should focus on functional limitations rather than specific diagnoses, unless medically necessary.

Plan for Return-to-Work Early

Return-to-work discussions should begin well before the leave expires. This includes assessing whether modified duties or gradual reintegration may be appropriate.

Proactive planning reduces the likelihood of disputes at the end of the statutory period.

Employee Considerations

Employees navigating a serious illness or injury should provide written notice as soon as possible and obtain and submit appropriate medical documentation. They should also keep communication open regarding expected return dates and understand that income replacement and job protection are separate issues.

If concerns arise about reinstatement, accommodation, or termination, obtaining legal advice early can clarify rights and obligations.

DBB Law: Calgary Employment Lawyers Advising on Job-Protected Sick Leave

Whether you are an employer managing extended absences or an employee facing termination concerns during a medical leave, DBB Law can help. Our employment lawyers advise clients on long-term illness and injury leave compliance, including disability accommodation and undue hardship issues and return-to-work planning. To schedule a confidential consultation on your employment law issue, please contact us online or call 403-265-7777.