What is Family Responsibility Leave in Alberta?
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Our specialized Alberta team ensures your right to job-protected leave is upheld, giving you the security to handle life’s emergencies without risking your career.
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How Many Days of Leave Can I Take?
In Alberta, employees can take a maximum of 5 unpaid days per calendar year.
- No Carry-Over: Unused days do not carry over into the next calendar year.
- Unpaid Status: Employers are not required to pay wages during this leave unless specified in your employment contract.
- Partial Days: If you only need a half-day, your employer can count that as a full day of your 5-day entitlement.
Am I Eligible for Family Responsibility Leave?
To qualify for job protection in Alberta under the Employment Standards Code, you must meet the following criteria:
- The 90-Day Rule: You must have been employed by the same employer for at least 90 consecutive days.
- Employee Status: This applies to both full-time and part-time non-unionized employees.
- Employer Policy: If you have worked for less than 90 days, your employer is not legally required to grant the leave, though they may choose to do so.
What Counts as a “Family Responsibility”?
This leave is intentionally broad to cover various life events. You can use it for:
- Personal Health: Your own illness, injury, or medical appointments.
- Family Needs: Caring for a family member’s health, including taking a child or elderly parent to a doctor’s appointment.
- Education: Attending a child’s school-related meetings or activities.
- Urgent Matters: Handling unexpected family emergencies or legal issues related to family members.
How to Give Notice to Your Employer
You must provide notice to your employer as soon as is reasonable before taking the leave.
- Format: While notice can be verbal, it is highly recommended to provide it in writing (email or text) to create a paper trail of your job-protected leave.
- Documentation: Alberta law does not require you to provide a medical certificate for this specific 5-day leave, though your employer may have their own internal policy regarding documentation for absences.
Can I Be Fired For Taking Family Leave in Alberta?
No. It is illegal for an employer to terminate, demote, or penalize you for taking a job-protected leave.
- Reinstatement: Upon your return, your employer must give you your same job back (or an equivalent one with equal pay and benefits).
- Wrongful Dismissal: If you are fired shortly after requesting or returning from leave, you may have a claim for wrongful dismissal in Alberta and be entitled to full severance pay.
- Continuous Service: Your time on leave counts toward your total length of service for calculating severance entitlements later.
Alberta vs. Ontario Leave Rules
If your company has offices in both provinces, it is important to note the differences:
- Alberta: 5 days per year; requires 90 days of service.
- Ontario: 3 days per year; available immediately upon hire with no 90-day waiting period.
Is Your Employer Refusing Your Leave or Threatening Your Job?
If your employer has denied your right to family responsibility leave or has penalized you for taking it, the team at Samfiru Tumarkin LLP can help.
Our Alberta employment lawyers specialize in protecting worker rights and securing the compensation you deserve. Do not sign any severance offers until our team has reviewed your situation.