Summary: What is Critical Illness Leave in Alberta?
Critical illness leave in Alberta is a job-protected, unpaid leave of absence that allows employees to provide care and support to a critically ill family member. It is one of several statutory leaves of absence in Alberta designed to protect your employment during life-changing medical events.
Under the Employment Standards Code, you are entitled to take up to 36 weeks of leave to care for a child and up to 16 weeks for an adult. Your employer is legally required to hold your job for you until your return.
Focus on Family. We’ll Protect Your Career.
Facing a medical crisis in the family is stressful enough without worrying about job security. In Alberta, most employees are entitled to significant time off to support loved ones. Our team ensures that your employer respects these critical illness leave laws so you can focus on what matters most.
On This Page:
What is Critical Illness Leave?
Who is Eligible?
Child vs. Adult Duration
Notice & Certificates
Job Protection
Employment Lawyer
What is Critical Illness Leave in Alberta?
Critical illness leave Alberta provides essential job security for workers who must take an extended break from work to care for a “critically ill” family member. This is defined as a person whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.
It is important to note that this leave is unpaid by the employer. However, many employees qualify for Employment Insurance (EI) benefits through the federal government during this time. While you are on leave, you are considered to be continuously employed for the purpose of calculating your years of service and benefits accrual.
Who is Eligible for This Leave?
To qualify for alberta critical illness leave, an employee must meet the following criteria:
- 90 Days of Service: You must have been employed with the same employer for at least 90 consecutive days.
- Family Member Status: You must be a “family member” of the ill person. Alberta defines this broadly to include spouses, children, parents, siblings, and even individuals you consider to be like a close relative.
Length of Leave: Child vs. Adult
The maximum duration of critical illness leave in Alberta depends on whether the ill family member is a minor or an adult:
- Critically Ill Child (Under 18): Employees can take up to 36 weeks of unpaid leave.
- Critically Ill Adult (18 or older): Employees can take up to 16 weeks of unpaid leave.
The leave can be taken in multiple periods, but each period must be at least one week long.
Medical Certificates and Notice Requirements
To access critical illness leave Alberta, you must follow specific procedural steps:
- Written Notice: You must give your employer at least 2 weeks’ written notice before starting the leave (if possible). This notice must include your estimated return-to-work date.
- Medical Certificate: You must provide a doctor’s note or medical certificate from a physician or nurse practitioner. This certificate must state that the family member is critically ill, requires care or support, and specify the period for which support is needed.
Job Protection and Returning to Work
One of the core protections of alberta critical illness leave is that your employer can’t terminate or lay you off because you requested or took the leave. Upon your return, the company must reinstate you to your same position or an equivalent one with no loss of pay or benefits.
To return to work, you must provide at least one week’s written notice of your return date. If you do not intend to return to work after your leave, you are required to provide at least two weeks’ notice of your resignation.
Consult an Employment Lawyer
If your employer is denying your request for critical illness leave, or if you have faced a reprisal at work for taking time off to care for a family member, the Alberta employment law team at Samfiru Tumarkin LLP can help. We protect the rights of workers in Calgary, Edmonton, and across the province.