Can employers in Alberta fire workers for taking stress leave?

In Alberta, employers can’t fire non-unionized workers for using the stress leave that they are entitled to under the province’s Employment Standards Code (ESC).

The ESC provides individuals with 16 weeks of job-protected leave per calendar year for illness, injury, or quarantine if they have been with their company for at least 90 days. The 16-week entitlement resets every Jan. 1.

However, you could be terminated without cause if:

• Your stress leave wasn’t related to a medical condition
• The 16-week job-protected portion of your leave has expired
• You have resumed your job duties

Non-unionized employees can be let go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory.

WATCH: Employment lawyer Lior Samfiru explains what rights employees have if they are being fired or let go on an episode of the Employment Law Show.

If you were fired for taking stress leave, and the leave was related to a medical condition, there is a good chance that this would be considered disability-based discrimination under provincial and federal human rights legislation — making the termination illegal.

An experienced Alberta employment lawyer at Samfiru Tumarkin LLP can review your situation, assess your legal options, and help you secure the compensation you deserve.

SEE ALSO
• Can I be fired after returning from sick leave in Alberta?
• Can employers in Alberta fire staff after maternity or paternity leave?
• Fired in Alberta for taking a vacation: Employee rights

Fired “For Cause”?

It’s very unlikely that your employer would be able to fire you for cause if you took stress leave — meaning no severance package or access to Employment Insurance benefits.

Considered the “capital punishment” of employment law, it’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

However, to justify terminating you for cause, your boss must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be acceptable, which is very difficult to do.

In our experience, most non-unionized employees don’t meet the conditions necessary for this type of dismissal and are entitled to severance pay.

LEARN MORE
• Do I have to look for a new job after getting fired?
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How is severance pay calculated?

Severance for non-unionized employees in Alberta can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

However, there are some situations where non-unionized workers in Alberta could be owed more than 24 months of severance pay.

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Alberta?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Am I owed more severance if I’m fired for taking stress leave?

It’s unlikely that non-unionized employees in Alberta would be entitled to a larger severance package if they are fired for taking stress leave.

However, workers could be owed additional compensation (i.e. human rights damages) for the discrimination that they experienced at the end of their employment.

Filing a human rights complaint

If you lose your job for taking stress leave, or unwanted changes are made to your role after the leave, reach out to our firm. We can determine if you have grounds for a human rights complaint.

The Alberta Human Rights Commission is responsible for dealing with complaints pertaining to the province’s Human Rights Act.

Successful human rights complaints can result in compensation for individuals who experienced discrimination in the workplace or at the end of their employment.

SEE ALSO
• Alberta admin assistant awarded nearly $40K in discrimination case
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• Former City of Nanaimo CFO awarded more than $600K in discrimination case

My employer is pressuring me to sign my severance offer immediately, what should I do?

It’s not uncommon for employers in Alberta to pressure non-unionized workers to immediately accept severance offers that provide them with far less compensation than they deserve.

If you receive an offer from your boss, don’t sign anything until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

The company can’t legally force you to accept it before leaving a termination meeting or even a few days after it was provided to you.

In some cases, employers try to add:

• A termination clause that limits the amount of severance pay you can receive
• Non-compete clauses that prevent you from being able to pursue employment elsewhere in your industry

As long as you didn’t accept the offer and return it to your boss, you have two years from the date of your dismissal to pursue full severance pay.

SEE ALSO
• I already accepted a severance package, what should I do?
• ’60 days or more’: Is it an enforceable termination clause?
• Employment Law Show: 5 facts about employment contracts

My employer won’t provide me with any severance after I declined their offer, can they do that?

The short answer is no. If you are fired without cause in Alberta, your employer must provide you the minimum amount of severance pay that you are owed under provincial or federal employment standards legislation.

If your boss refuses to provide you any severance because you turned down their offer or tried to negotiate more compensation, it’s very likely that you have grounds for a wrongful dismissal claim.

Can my employer punish me for taking stress leave?

Employers in Alberta can’t punish, or threaten to punish, non-unionized employees for asserting their workplace rights.

If you are punished for using the stress leave you are entitled to under the ESC, it’s very likely that this would be considered a reprisal and you should contact our firm immediately.

However, if you take more stress leave than you are entitled to, and it wasn’t related to a medical condition, some form of punishment might be justified — depending on the situation.

SEE ALSO
• Employment Law Show: What to know about reprisals at work
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Mistakes employers in Canada make

Can my employer make major changes to my job after stress leave?

When non-unionized employees in Alberta return to work after a job-protected leave, such as stress leave, the ESC requires companies to either:

• Reinstate the worker into the same role they had before the leave
• Provide the individual with an alternate role that is comparable to their pre-leave position (at least the same level of pay and other benefits)

What your employer can’t do after you return from stress leave is make substantial changes to the terms of your employment without your consent.

Major modifications, such as a demotion, pay cut, workload increase, or new work location, are illegal in the province.

If unwanted adjustments are made to your job after you return from stress leave, or for any reason, contact an experienced employment lawyer at Samfiru Tumarkin LLP.

We can determine if you have grounds for a human rights complaint and a constructive dismissal claim, which would allow you to resign and pursue full severance pay.

ADDITIONAL RESOURCES
• Changes to your job in B.C.: What employees need to know
• What Ontarians need to know about changes to their job
• Employment Law Show: What to know about changes to your job

Can employers pressure staff to quit after stress leave?

No matter how upset your employer is that you took stress leave, the company can’t pressure or force you to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before seeking legal counsel — you might have grounds for a constructive dismissal claim and a human rights complaint.

Already resigned?

If you were forced to quit your job for any reason, reach out to our firm as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

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 lawyers in Alberta, B.C., and Ontario have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.