Stress Leave in Alberta: How It Works, Who Qualifies, and Your Rights

Stress can seriously impact your ability to work — and in Alberta, there are laws in place that protect your right to take time off for your health.

If you’re dealing with stress, burnout, anxiety, or another medical issue, you may qualify for job-protected stress leave through Alberta’s long-term illness and injury leave rules. In some cases, you may also be eligible for sick leave, short-term disability benefits, or employment insurance (EI) sickness benefits.

Use this guide to learn:

• What stress leave is in Alberta
• How much time you can take
• Whether it’s paid
• When to provide a doctor’s note
• What happens if you’re denied time off — or fired while on leave

🟢 Watch the video below from the Employment Law Show, then read on to learn more.

What’s In This Guide

What is Stress Leave in Alberta?

Stress leave in Alberta refers to time off work taken for serious mental health challenges — such as anxiety, depression, burnout, or other medically recognized conditions — that affect your ability to do your job.

This type of leave is covered under long-term illness and injury leave, a job-protected leave available to eligible non-unionized employees under Alberta’s Employment Standards Code (ESC).

You do not need to use the term “stress” when applying — any medical condition that prevents you from working may qualify, as long as you provide a medical certificate from your doctor.

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How Much Time Off Can I Get for Stress Leave?

In Alberta, eligible non-unionized employees can take up to 16 weeks of job-protected stress leave per calendar year. This leave is available under the long-term illness and injury leave provisions of the ESC.

• 📅 The 16-week entitlement resets every January 1. You don’t have to use all 16 weeks at once — you can take it as needed, with proper medical documentation.

Some employment contracts may include additional paid or unpaid sick leave days on top of the ESC minimum. In that case, your contract terms will apply if they provide greater benefits than the ESC (such as more time off or paid leave).

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Who Qualifies for Stress Leave in Alberta?

To qualify for stress leave under Alberta’s long-term illness and injury leave, you must:

• ✅ Be an employee in Alberta
• ✅ Have worked for your employer for at least 90 days
• ✅ Be unable to work due to a personal illness, injury, or medical condition — including stress, burnout, or mental health issues.
• ✅ Provide a valid medical certificate from a healthcare provider

This leave applies whether you work full-time or part-time, and is available regardless of how large your employer is.

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What If I Need More Than 16 Weeks of Stress Leave?

If your stress or mental health condition lasts longer than 16 weeks, you may still be protected — but under human rights legislation, not the Employment Standards Code.

A prolonged or serious mental health condition may qualify as a disability under the Alberta Human Rights Act.

That means your employer has a legal duty to accommodate you, up to the point of undue hardship. This could include:

• Allowing more time off beyond the 16-week ESC leave
• Modifying your duties
• Adjusting your schedule
• Providing a gradual return-to-work plan

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Is Stress Leave Paid in Alberta?

No, stress leave under the Employment Standards Code is unpaid.

Alberta employers are not legally required to pay employees who take job-protected long-term illness and injury leave — including leave for stress or mental health issues.

However, you may be eligible for paid options depending on your situation:

1. Employer Sick Leave Policy

Some employers offer paid sick leave through internal policies or your employment contract. If your company provides paid time off, those terms apply — and may offer better protections than the minimum standards.

2. Short-Term Disability (STD) Insurance

If you have a short-term disability policy through work, you may receive partial income replacement while on leave.

To qualify, your stress must be severe enough to make you “totally disabled” from performing your job duties.

• 🔗 Learn about short-term disability in Alberta

3. Long-Term Disability (LTD) Insurance

If your condition is ongoing, you may transition from STD to LTD. This provides continued income support — but claims are often denied.

• 🔗 See how our Alberta disability lawyers can help with LTD denials

4. Employment Insurance (EI) Sickness Benefits

You may qualify for EI sickness benefits through the federal government.

This provides up to 15 weeks of income support, covering 55% of your earnings (up to $695 per week).

To qualify, you must:

• Have worked 600+ insurable hours in the past 12 months
• Have paid into the EI program (🔗 Visit the official EI sickness benefits page)

5. Workers’ Compensation (WCB)

If your stress is caused by something at work — like harassment, bullying, or trauma — you may qualify for compensation through Alberta’s Workers’ Compensation Board, or severance pay through a constructive dismissal claim.

• 🔗 Learn more about workplace harassment in Alberta

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

Yes. To access job-protected stress leave in Alberta, you must provide your employer with a medical certificate — often called a doctor’s note.

The note must:

• Be signed by a licensed medical professional
• Confirm that you’re unable to work for medical reasons
• Include the estimated length of the time you’ll be away

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

In most cases, yes — employees are expected to inform their employer before taking stress 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)

Stress 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 Stress Leave in Alberta?

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

In Alberta, stress 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 Stress 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 Stress Leave in Alberta?

While you are on stress leave, Alberta’s employment laws offer several important protections to make sure your job — and your future — are not at risk.

Your Rights While on Stress 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 because you took medical leave.
• No Penalty or Reprisal: Your employer can’t legally fire you, reduce your hours, deny a promotion, or punish you in any way for taking or requesting stress leave. Learn more about reprisals at work in Alberta.
• Seniority and Benefits: Even while off work, you continue to build length of service (important for severance pay), vacation time and pay, and other entitlements linked to your time with the company.

Probation Periods and Stress Leave

If you’re on probation when your stress leave begins, your probation is paused and will resume once you return.

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

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Can I Be Fired for Taking Stress Leave in Alberta?

No — your employer can’t legally fire you for taking stress leave that is supported by a valid medical note.

In Alberta, this type of termination is considered:

• A violation of the Employment Standards Code
• A form of disability-based discrimination, which is illegal under the Alberta Human Rights Act

You are entitled to full Alberta severance pay — up to 24 months’ pay, depending on multiple factors, as well as additional compensation through a human rights complaint.

What to Do If You Were Let Go on Stress Leave

Don’t sign anything before getting legal advice from employment law firm Samfiru Tumarkin LLP.

Save copies of your termination letter, severance offer, and doctor’s note — then contact our legal team right away to review your rights and how to file a wrongful dismissal claim.

SEE ALSO
• Workplace Discrimination in Alberta
• Do I Have to Look For a New Job If I Was Fired?
• Do You Get Severance Pay If You Quit?

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Speak to an Employment Lawyer in Alberta

If you’ve been denied stress 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 to get what you’re fully owed. They can only help with minimum severance pay in workplace disputes — and that can mean leaving tens of thousands of dollars behind.

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.

Our team also represents individuals denied short- or long-term disability benefits due to mental health or stress-related 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.