What is a Leave of Absence in Alberta?
A leave of absence in Alberta is a period of time where a non-unionized employee is permitted to be away from their job for specific personal, medical, or family reasons without the risk of termination. Under the Alberta Employment Standards Code, these are “job-protected leaves,” meaning your employer must allow you to return to your same (or an equivalent) position once the leave ends. Most leaves require at least 90 days of employment to qualify.
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Types of Job-Protected Leave in Alberta
In 2026, Alberta’s leave provisions are more robust than ever. Below is a summary of the most common leaves available to employees.
| Leave Type | Duration | 2026 Status |
|---|---|---|
| Sick Leave (Long-Term) | Up to 27 weeks | Updated: Increased from 16 weeks. |
| Maternity Leave | Up to 16 weeks | For birth mothers. |
| Parental Leave | Up to 62 weeks | For both parents (including adoption). |
| Compassionate Care | Up to 27 weeks | To care for a terminally ill family member. |
| Critical Illness Leave | 36 weeks (child) / 16 weeks (adult) | For life-threatening conditions. |
| Personal & Family Responsibility | 5 days per year | For health or family obligations. |
| Bereavement Leave | 3 days per year | Following the death of a family member. |
| Domestic Violence Leave | 10 days per year | For safety and relocation needs. |
Eligibility and Requirements
To take a leave of absence in Alberta, you must generally meet the following criteria:
- The 90-Day Rule: You must have been employed by the same employer for at least 90 consecutive days.
- Notice Requirements: You are typically required to provide your employer with written notice as soon as is reasonable. For maternity and parental leave, Alberta law requires at least six weeks’ notice.
- Medical Documentation: For medical-related leaves (Sick Leave, Compassionate Care), your employer is entitled to request a doctor’s note or medical certificate confirming you require time off, though they are generally not entitled to your specific diagnosis.
Your Rights Upon Return to Work
The core of “job protection” is the guarantee that your employment relationship remains intact.
Reinstatement: When you return from a leave of absence, your employer must give you your old job back. If that job no longer exists, they must provide you with an equivalent position with no decrease in pay or benefits.
Discrimination & Reprisal: It is illegal for an employer to fire, demote, or penalize you for taking (or asking for) a leave. This is known as a workplace reprisal.
Seniority: Your years of service continue to accumulate while you are on leave.
Leave of Absence vs. Resignation
It is a common mistake for employees to think they must quit their job to deal with a family or medical crisis.
What To Do If Your Leave is Denied or Your Job Is Gone
If your employer refuses to grant a leave you are legally entitled to, or if you return from leave only to find you’ve been “let go,” you may have a claim for Wrongful Dismissal or Constructive Dismissal.
In many cases, a refusal to accommodate a medical leave is also a violation of the Alberta Human Rights Act.
How Samfiru Tumarkin LLP Can Help
The Alberta employment lawyers at Samfiru Tumarkin LLP have successfully represented thousands of employees who have been penalized for taking a leave of absence. We ensure your employer respects the Employment Standards Code and the Duty to Accommodate.
If your employment has been terminated while on leave, or if your role has been significantly changed upon your return, do not sign any documents.
What is the 90-day rule for leaves in Alberta?
Most job-protected leaves in Alberta require you to have been employed for at least 90 consecutive days with the same employer.
Can I be fired while on a leave of absence in Alberta?
No. It is illegal to terminate or penalize an employee for taking a job-protected leave. If your job is gone when you return, it may be a wrongful dismissal.
Does my employer have to pay me for a leave of absence?
In Alberta, most job-protected leaves are unpaid. However, you may be eligible for federal EI benefits depending on the type of leave (e.g., Maternity or Compassionate Care).