Under Alberta’s Employment Standards Code, eligible employees are legally entitled to up to 5 days of unpaid, job-protected personal and family responsibility leave per calendar year. Additionally, for serious medical issues, workers are entitled to up to 27 weeks of unpaid long-term illness and injury leave. This legislative framework ensures that whether you are dealing with a minor flu or a major medical event, you can take necessary time away from the workspace without facing job loss, demotions, or corporate retaliation.
Important Note: Eligible employees can take up to 5 days of leave for health issues or family needs. This leave covers both the employee’s personal illness and any urgent responsibilities required to care for an immediate family member.
On This Page:
- 1. 5-Day Unpaid Leave
- 2. The 27-Week Update
- 3. Do Employers Have to Pay?
- 4. When Can Your Employer Demand Proof?
- 5. Fired While Sick?
- 6. Get Legal Help
- 7. FAQ
1. Basic Rules: The 5-Day Unpaid Sickness and Family Allowance
Short-term sick time in Alberta falls under the legal umbrella of Personal and Family Responsibility Leave. This statutory protection ensures that everyday illnesses do not threaten your employment stability.
Employee Eligibility: To qualify for these 5 job-protected days, you must be employed with the same company for at least 90 consecutive days.
The Intent of the Leave: The leave must be considered necessary to manage the active health of the employee or to allow the employee to meet time-sensitive family obligations regarding a spouse, child, parent, sibling, or grandparent.
No Calendar Carry-Over: These 5 days are allocated per calendar year. Any unused sick days automatically expire on December 31st and do not carry over into the next year, nor do they have cash value if you leave the company.
2. Long-Term Sick Leave: The 27-Week Job Protection Update
When an injury, chronic illness, or surgical recovery forces you away from your position for more than a few days, your rights shift to Long-Term Illness and Injury Leave under the Employment Standards Code.
Effective January 1, 2026, the Alberta government officially expanded this job-protected window from 16 weeks up to a maximum of 27 weeks per calendar year. This update aligns Alberta with the federal sickness framework, ensuring your job remains legally secure while you recover from a major medical event.
- To access this extended 27-week protection: You must satisfy the identical 90-day structural employment baseline. Your employer is legally required to hold your position open or return you to a completely equivalent role with identical pay and benefits once you are medically cleared to return to work.
3. Paid Sick Days Alberta: Do Employers Have to Pay?
A major point of confusion for local workers centers on compensation: Are sick days paid in Alberta?
Under current employment standards, Alberta does not mandate employer-paid sick days. The statutory entitlements to both the 5-day short-term leave and the 27-week long-term leave are completely unpaid by default.
However, your income can be protected through alternative private or public mechanisms:
- Company Benefit Programs: Many Alberta employers voluntarily offer paid sick days, short-term disability (STD), or salary continuance structures within their employment contracts. If these exist, your employer must abide by their written policy terms.
- Federal EI Sickness Benefits: If you lack corporate benefits, you can apply for federal Employment Insurance (EI) sickness support. EI provides up to 26 weeks of financial relief covering 55% of your regular insurable earnings while you are on an approved medical leave.
4. Sick Notes in Alberta: When Can Your Employer Demand Proof?
The rules regarding medical notes depend heavily on the length of your absence:
- For the 5-Day Basic Leave: Alberta legislation explicitly states that a medical certificate is not required to access your standard 5 days of personal and family responsibility leave. However, employers can establish reasonable internal policies tracking continuous short-term absenteeism.
- For Long-Term Sick Leave (Absences Over 5 Days): If you transition onto long-term illness leave, you must provide a medical certificate signed by a physician or nurse practitioner. This certificate must outline the estimated duration of your medical leave and your projected return-to-work date.
5. Fired While Sick? Wrongful Dismissal and Human Rights Frameworks
Your employer can’t fire, demote, or discipline you simply because you requested or accessed a job-protected sick leave. If a company terminates your contract while you are away on sick leave, or lets you go immediately upon your return, the termination is scrutinized under two legal filters:
- Human Rights Discrimination: Physical and mental illnesses are recognized disabilities under the Alberta Human Rights Act. If your health status or your need for medical leave played even a minor role in your termination, the company has committed a human rights violation, exposing them to significant general damages for injury to dignity.
- Severance Entitlements: If the company claims the termination is part of a standard corporate downsize, they must still pay out your full common-law severance pay in Alberta, which can reach up to 24 months of total pay depending on your age, position, and tenure.
6. Put Samfiru Tumarkin LLP in Your Corner
If your employer has denied your right to take sick time, refused to accommodate your medical restrictions, cut your shifts, or issued a termination notice after you fell ill, you have options.
At Samfiru Tumarkin LLP, our local employment law team routinely represents Alberta workers facing unfair terminations and bad-faith workplace practices. We understand how to navigate the overlaps between employment standards and human rights rules to hold employers accountable and secure the severance and structural damages you are legally owed.
7. Frequently Asked Questions
Do part-time employees qualify for the 5-day unpaid sick leave in Alberta?
Yes. Part-time, full-time, casual, and temporary employees all qualify for the 5-day job-protected personal leave, provided they have maintained continuous employment with the same company for at least 90 days.
Can my employer force me to take my annual vacation days while I am sick or injured?
No. Your employer can’t unilaterally force you to exhaust your earned vacation time to cover a period of legitimate medical sickness or injury leave. Annual vacation earned prior to your leave can be deferred or taken immediately following the conclusion of your medical recovery window.
What happens if I exhaust my full 27 weeks of job-protected sick leave but am still too sick to return to work?
Exhausting your 27 weeks of statutory protection under the Employment Standards Code does not mean you can automatically be fired. Under the Alberta Human Rights Act, your employer’s duty to accommodate your disability persists. If your medical team provides updated documentation confirming you remain entirely unfit for work, your employer must continue to preserve your job until they can demonstrate that holding it open creates severe financial or operational undue hardship.