Sick Leave in Alberta: Your Rights, Protections, and Legal Options

If you’re too sick to work, Alberta law gives you the right to take time off to recover — without losing your job. This is called sick leave, and it applies to a wide range of medical conditions, from the flu or surgery recovery to more serious illnesses or injuries.

Many non-unionized employees don’t realize that sick leave in Alberta is job-protected, even if it’s unpaid. In some cases, you may also be eligible for EI sickness benefits, disability insurance, or additional time off under human rights legislation.

💡 In this guide:

• Learn how sick leave works in Alberta
• How much time you get off
• Whether it’s paid
• What to do if your leave is denied or your job is at risk

What’s In This Guide

What is Sick Leave in Alberta?

Sick leave in Alberta is time off work that employees can take when they are unable to perform their job duties due to illness, injury, or a medical condition.

Under Alberta’s Employment Standards Code (ESC), eligible non-unionized employees are entitled to up to 16 weeks of job-protected unpaid leave each calendar year for personal illness or injury.

This includes:

• Physical illnesses (e.g. flu, infections, injuries)
• Recovery from surgery
• Chronic conditions (e.g. diabetes, MS, cancer)
• Mental health conditions (e.g. stress, anxiety, depression)

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How Much Sick Leave Can I Take in Alberta?

Eligible employees in Alberta can take up to 16 weeks of job-protected sick leave per calendar year under the Employment Standards Code. The leave resets every January 1.

You do not need to take all 16 weeks at once — the time can be taken in parts, depending on your medical needs and your doctor’s recommendation.

Some employers offer more generous sick leave through internal policies or employment contracts. If those terms provide more time off or paid leave, they will apply instead of the minimum ESC standards.

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Who Qualifies for Sick Leave in Alberta?

To qualify for job-protected sick leave under Alberta’s Employment Standards Code, you must meet these three conditions:

• ✅ You’re an employee in Alberta
• ✅ You’ve worked for your employer for at least 90 days
• ✅ You’re unable to work due to a personal illness or injury

This incliudes both physical and mental health conditions — such as infections, injuries, surgery recovery, or stress-related issues like anxiety or depression.

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Is Sick Leave Paid in Alberta?

No, sick leave under Alberta’s Employment Standards Code is unpaid.

Your employer is not required by law to pay your wages while you’re away due to illness or injury — even if your leave is job-protected.

However, you may still have options for income replacement, depending on your situation:

1. Employer Sick Leave Policy

Some companies offer paid sick days through internal policies or employment contracts. These are separate from the ESC and may give you a set number of paid days off each year.

2. Short-Term Disability (STD) Insurance

If you have a short-term disability policy through work or a private insurer, you may qualify for partial income replacement while off sick — typically 50% to 70% of your regular pay.

3. Employment Insurance (EI) Sickness Benefits

If you don’t have STD or LTD coverage, you may qualify for EI sickness benefits through the federal government. This program offers:

• Up to 15 weeks of income support
• 55% of your average weekly earnings, up to $695/week

To qualify, you must:

• Have worked 600+ insurable hours in the past 12 months
• You experience a more than 40% reduction in your weekly earnings
• Have paid into the EI program (🔗 Visit the official EI sickness benefits page)

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Do I Need a Doctor’s Note for Sick Leave in Alberta?

Yes. To access job-protected sick leave in Alberta’s Employment Standards Code, you must provide your employer with a medical certificate (commonly called a doctor’s note).

The note must:

• Confirm that you’re unable to work for medical reasons
• Include the expected duration of your leave
• Be issued by a qualified medical professional

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What If I’m Still Sick After My Leave Runs Out?

If you’re still unable to return to work after using your 16 weeks of job-protected sick leave, you may have additional rights and support options — especially if your medical condition qualifies as a disability.

1. Long-Term Disability (LTD) Insurance

If your illness is ongoing, you may be eligible for long-term disability insurance. LTD provides extended income support beyond sick leave or EI, often covering a portion of your salary until you can return to work — or even until retirement (age 65).

2. Human Rights Accommodation

Under the Alberta Human Righs Act, your employer must accommodate your disability to the point of undue hardship. This may include:

• Additional time off beyond 16 weeks
• Gradual return-to-work plan
• Modified duties

Failure to accommodate could result in a human rights violation.

• 🔗 Learn more about your employer’s duty to accommodate

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What’s the Difference Between Sick Leave, Stress Leave, and Disability Benefits?

While these terms are often used interchangeably, they refer to different types of leave and support. Here’s how they compare:

Sick Leave (ESC Leave)

• What it is: Up to 16 weeks of unpaid, job-protected time off under Alberta’s Employment Standards Code
• Covers: Any illness, injury, or medical condition
• Paid? No, unless employer policy says otherwise
• Medical note required? Yes

Stress Leave

• What it is: A form of sick leave used for mental health conditions like anxiety, depression, or burnout
• Protected by: The same 16-week ESC leave and possibly human rights law if stress qualifies as a disability
• 🔗 Learn more about stress leave in Alberta

Short-Term Disability (STD)

• What it is: Insurance-based income support for temporary medical conditions
• Provided by: Employer or private insurer
• Paid? Yes — often 50%–70% of regular earnings
• 🔗 Learn more about STD in Alberta

Long-Term Disability (LTD)

• What it is: Insurance coverage for serious or lasting medical conditions
• When it starts: Often after STD or EI benefits end
• Paid? Yes — percentage of income until recovery or retirement
• 🔗 Explore LTD benefits in Alberta

Employment Insurance (EI) Sickness Benefits

• What it is: Federal program offering temporary income support
• Duration: Up to 15 weeks
• Eligibility: 600 insurable hours + EI contributions
• 🔗 Visit EI Sickness Benefits

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Do I Need to Tell My Employer Before Taking Sick Leave in Alberta?

In most cases, yes — employees are expected to inform their employer before taking sick leave and to provide a medical certificate confirming the need for time off.

If possible, you should:

• Give your employer reasonable notice
• Submit your doctor’s note (with estimated return date)
• Communicate in writing (email is good idea)

Sick leave is a legal right. It’s not something your employer can deny if it’s medically supported.

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Can My Employer Refuse to Approve Sick Leave in Alberta?

No — your employer can’t legally refuse sick leave if it’s supported by a valid medical certificate.

In Alberta, sick leave falls under long-term illness and injury leave in the Employment Standards Code (ESC). Once you provided a doctor’s note, your employer is required to allow you to take that job-protected time off.

What to Do If You’re Refused Sick Leave

1. Document what happened (keep emails and notes)
2. Don’t quit your job or take further steps without legal advice
3. Contact our team at Samfiru Tumarkin LLP to understand your rights and next options — speak to an Alberta employment lawyer today.

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What Are My Rights While on Sick Leave in Alberta?

While you are on sick leave, Alberta’s employment laws provide important protections to make sure your job — and your future — aren’t put at risk.

Your Rights While on Sick Leave

• Reinstatement: You have the right to return to your same job, or a comparable position with at least the same pay and benefits. Your employer can’t demote, penalize, or replace you for taking medical leave.
• No Penalty or Reprisal: Your employer is not allowed to penalize you in any way for taking sick leave, requesting time off due to illness, or asking questions about your rights — 🔗 Learn more about reprisals at work in Alberta.
• Seniority and Benefits: Even while you’re away, you continue to build length of service (important for severance pay), vacation time and pay, and other employment-linked entitlements.

Probation Periods and Sick Leave

If you’re on probation when your sick leave begins, your probation is paused and resumes when you return to work.

• Example: If you’re one month into a three-month probationary period and take sick leave, you’ll need to complete the remaining two months after your return.

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Can I Be While on Sick Leave in Alberta?

No — you can’t be fired simply for taking sick leave that is medically supported. Alberta law protects employees who are on job-protected leave under the Employment Standards Code.

In many cases, termination while on sick leave can qualify as:

• Wrongful dismissal — when you lose your job without a proper severance package in Alberta.
• Disability discrimination, especially if your condition qualifies under the Alberta Human Rights Act (🔗 Learn more about workplace discrimination)

Examples of Illegal Termination

• You’re fired after submitting a doctor’s note
• Your job is “eliminated” while you’re recovering
• You’re told not to return until fully healed — and then replaced
• You’re pressured to quit instead of taking leave

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Speak to an Employment Lawyer in Alberta

If you’ve been denied sick leave, fired while on medical leave, or pressured to return before you’re ready, you have legal grounds for compensation — even if your employer claims they followed the rules.

Don’t rely on Alberta’s Employment Standards alone. They can only enforce minimum severance, which may be far less than what you’re actually owed.

At Samfiru Tumarkin LLP, we’ve helped over 50,000 non-unionized employees across Canada — including in Alberta — understand their rights, hold employers accountable, and recover up to 24 months’ pay through severance or legal action.

We also represents individuals who have been denied short- or long-term disability benefits due to physical or mental health conditions.

• 👥 Over 50,000 clients helped across Canada
• 💰 Millions recovered in severance and compensation
• ⚖️ No win, no fee — you don’t pay unless we win*
• ⭐ 309 5-star Google reviews across Alberta (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

* Conditions apply. Not all cases qualify.

Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.