Family caregiver leave in Alberta refers to job-protected, unpaid time off work to care for a family member who is critically ill or at risk of death.

While “family caregiver leave” is a common term used by employees, the Alberta Employment Standards Code provides this protection through two specific leave of absence categories: Compassionate Care Leave and Critical Illness Leave.

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Types of Caregiver Leave in Alberta

If you need to provide care or support to a family member, you generally fall into one of two categories of family caregiver leave alberta provides:

  • Compassionate Care Leave: For caring for a family member of any age who has a serious medical condition and is at significant risk of death within 26 weeks. This allows for up to 27 weeks of leave.
  • Critical Illness Leave: For caring for a family member whose baseline health has changed significantly and whose life is at risk due to illness or injury. This provides up to 36 weeks for a child and 16 weeks for an adult.

Who Qualifies for Caregiver Leave?

To be eligible for alberta family caregiver leave, an employee must have been employed by the same employer for at least 90 consecutive days. This protection applies to both full-time and part-time workers.

ℹ️ The definition of “family member” in Alberta is broad and includes spouses, children, parents, siblings, grandparents, and even individuals whom the employee considers to be like a close relative.

Financial Support: EI Caregiving Benefits

While family caregiver leave alberta laws protect your job, the leave itself is unpaid by the employer. Most employees on these leaves apply for federal Employment Insurance (EI) caregiving benefits. These benefits typically cover 55% of your earnings, up to a maximum weekly amount, to help offset the lost income while you are away from work.

Is Your Job Protected While on Leave?

Yes. Under the Employment Standards Code, your employer can’t terminate your employment or lay you off because you requested or took a family caregiver leave in Alberta. You are also considered to be “continuously employed” during this time, meaning your years of service and vacation entitlements continue to grow while you are providing care.

💡 Note: To start your leave, you must provide 2 weeks’ written notice (if possible) along with a medical certificate from a physician or nurse practitioner.

What to Do if You Are Fired for Taking Leave

If your employer fires you or punishes you for taking caregiving leave, this is a wrongful dismissal. Employers often try to hide these terminations under the guise of “restructuring” or “downsizing,” but if the timing aligns with your leave, you likely have a strong legal claim for severance pay in Alberta and potential human rights damages.

Consult an Employment Lawyer

Don’t let an employer intimidate you during a family crisis. If you have been denied alberta family caregiver leave or have been terminated after returning from your time off, the Alberta employment law team at Samfiru Tumarkin LLP will fight to protect your rights and your livelihood.

➡️ Contact us today to review your situation and ensure your family leave is fully protected.

Caring for Family? Your Job is Secure.

Alberta law protects caregivers from being fired while supporting a critically ill loved one. If your employer has threatened your job or refused your request for leave, our experts will ensure your rights are upheld and your career is protected.

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Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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