Summary: New 2026 Medical Leave Protections
In Alberta, long-term illness and injury leave is a job-protected, unpaid leave of absence for employees who are unable to work due to health issues.
Major 2026 Update: As of January 1, 2026, the maximum length for this leave has increased from 16 weeks to 27 weeks. This change aligns Alberta’s provincial protection with federal EI sickness benefits, ensuring you don’t lose your job before your benefits run out.
Can You Be Fired While on Medical Leave?
No. It is strictly illegal for an Alberta employer to terminate or lay off an employee specifically because they requested or took this leave. If you are fired while on medical leave, it is considered a statutory reprisal and wrongful dismissal.
On This Page:
Eligibility for Long-term Illness and Injury Leave
To qualify for medical leave of absence Alberta protections, you must meet the following criteria:
- 90 Days of Service: You must have been employed with the same employer for at least 90 consecutive days.
- Medical Requirement: The leave must be for your own personal illness or injury (it does not cover caring for family members; see Compassionate Care Leave).
- Unpaid Status: While the law protects your job, your employer is not required to pay your salary during the leave. Many employees apply for EI sickness benefits to cover this period.
Understanding the 27-Week Protection
Prior to 2026, Alberta employees only had 16 weeks of job protection. This often led to situations where an employee’s job protection ended before their 26 weeks of federal EI sickness benefits finished.
The new 27-week rule ensures that as long as you are medically unable to work, your employer must hold your position (or a comparable one with the same pay and benefits) for the entire duration of your recovery, up to 27 weeks per calendar year.
Documentation: Doctor’s Note Requirements
To access long-term illness and injury leave Alberta, you must provide your employer with a medical certificate (doctor’s note). However, your right to privacy remains paramount:
- What the note MUST say: It must state that you are unable to work for medical reasons and provide an expected return-to-work date.
- What the note SHOULD NOT say: In most cases, your employer has no legal right to your specific diagnosis. See our guide on Doctor’s Notes and Medical Privacy for more information.
Returning to Work and Modified Duties
Once your Alberta medical leave is over, your employer is required to reinstate you to your original position. If that position no longer exists, they must provide you with alternative work of a comparable nature at the same rate of pay.
If you are able to return but require changes to your schedule or equipment, your employer has a legal duty to accommodate you to the point of undue hardship.
Get Legal Help Today
If you have been denied a medical leave, or if your employer has terminated you while you were recovering, our Alberta team is ready to fight for your rights. We represent employees in: