Can I be fired after returning from sick leave in Alberta?

In Alberta, employers can fire non-unionized workers after they return from sick leave.

This is called a termination without cause. Companies in the province can let you go for any reason, as long as:

• You are provided full severance pay
• The reasons for your dismissal aren’t discriminatory

What your employer can’t do in this situation is fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

If the reason for your dismissal is related to the fact that you were on sick leave, or why you took sick leave, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation, enforce your workplace rights, and help you secure the compensation that you are owed.

LEARN MORE
• Sick notes in Alberta: Rights for employees
• How to calculate severance pay
• Severance for provincially regulated employees
• Rights to severance for federally regulated employees

Can my employer fire me while I’m on sick leave?

In most cases, it’s illegal for employers in Alberta to fire non-unionized workers while on sick leave — even if they are provided with full severance pay.

Under the province’s Employment Standards Code (ESC), you are entitled to 16 weeks of job-protected leave per calendar year for illness, injury, or quarantine if you have been employed for at least 90 days. The 16-week entitlement resets every Jan. 1.

• Example: Janet began her sick leave on Nov. 1, 2021. The day after her 16-week leave was supposed to end, she was informed by her Calgary-based employer that she had been fired. However, the company didn’t realize that Janet’s job-protected leave reset on Jan. 1, 2022, which meant she had access to 16 weeks at the start of the year. As a result, the company owed Janet compensation for breaching her workplace rights under the ESC.

Filing a human rights complaint

In addition to protections under the ESC, you can file a human rights complaint to the Alberta Human Rights Commission if your termination is related to the fact that you were on sick leave or why you took sick leave.

The commission is responsible for dealing with human rights complaints pertaining to the Alberta Human Rights Act.

Successful complaints can result in compensation for the individual who experienced discrimination.

SEE ALSO
• Alberta admin assistant awarded nearly $40K in discrimination case

I just returned from sick leave, can my employer make changes to my job?

When staff return to work after taking sick leave, employers in Alberta are required by the ESC to either:

• Reinstate them in the same position that they held prior to the sick leave
• Provide them with comparable employment, which includes the same pay and benefits that they had prior to the leave

Non-unionized employees in the province don’t have to accept major changes to their job. 

Large modifications such as a demotion, cut in pay, reduction in hours, new work location, or negative change to commission are illegal.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Do I get severance if I quit?

Can my employer punish me for going on sick leave?

Employers in Alberta can’t punish staff for going on sick leave or for thinking about taking sick leave because:

1. Under the ESC, punishment would be considered a reprisal. You are legally entitled to 16 weeks of job protected leave if you have been employed at your company for at least 90 days.
2. Punishment would also be violation of your human rights. You would be experiencing an adverse effect in your employment due to a disability.

If your company punishes you or threatens to punish you for enforcing your workplace and human rights, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

LEARN MORE 
• Employment Law Show: What you need to know about reprisals at work
• Employers will pay for ignoring disabilities: Alberta Human Rights Commission

Does my employer need to accommodate me following sick leave?

The short answer is yes. If you return from sick leave with medical restrictions that require job modifications, or a gradual return to work, your employer is legally obligated to assist you.

As part of their duty to accommodate, companies in Alberta may have to:

• Change your job requirements
• Provide someone to help you complete your tasks
• Modify the shift itself

While the accommodations have to be reasonable, they don’t have to be perfect. Be fair about what you need to continue performing your job duties.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can help you secure the compensation you are entitled to through a constructive dismissal claim and a human rights complaint.

LEARN MORE
• Employment Law Show: Duty to accommodate in Canada
• Disability in the workplace
• Albert long-term disability claims: Your rights

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our Alberta employment lawyers in Calgary and Edmonton can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.