What is a job-protected leave?
A job-protected leave is a leave an employee can take during which an employer cannot terminate them or lay them off. These leaves are described in Alberta’s Employment Standards Code. The Code says the employee’s job is protected for the length of the leave, with some exceptions (see below). The employee has to give the employer notice of the leave.
Job-protected leaves are unpaid. If you have healthcare benefits (through work or personally), check your plan to see if benefits will pay out during a leave.
See below for more information on the leaves available to employees.
NOTE: These leaves only apply to employees falling under Alberta’s Employment Standards Code. See our “Does the Employment Standards Code apply to all employees in Alberta?” FAQ for more information on whether the Code applies to you.
Last Reviewed: November 2020
What kinds of job-protected leaves can I take?
The Code describes eleven leaves:
- maternity leave
- parental leave
- reservist leave
- compassionate care leave
- death or disappearance of a child leave
- critical illness leave
- long-term illness and injury leave
- domestic violence leave
- leave for personal and family responsibilities
- bereavement leave
- leave for citizenship ceremony
See our FAQs page on maternity and parental leave for more information on those leaves. See below for more information on the other leaves.
Last Reviewed: November 2020
What are the exceptions for terminations or lay-offs?
Usually when an employee is on leave, an employer cannot terminate or lay-off the employee. For some leaves, there is an exception if the employer suspends or stops all or part of the business or activity the employee works in. If this happens, an employee can be terminated or laid off, though regular termination and lay-off rules apply.
If the employer suspends operations, does not resume them when the employee returns from leave but does within the following 52 weeks, the employer must:
- give the employee back their same job at the time the leave started with at least the same pay and other benefits, OR
- give the employer other work with no loss of seniority or other benefits.
These rules only apply to the following leaves:
- maternity leave
- parental leave
- reservist leave
- compassionate care leave
- death or disappearance of child leave
- critical illness leave
- long-term illness and injury leave
Last Reviewed: November 2020
Can I take stress leave in Alberta?
The Employment Standards Code does not describe a “stress leave”. There are two leaves available to employees dealing with health issues (which may include stress):
- long-term illness and injury leave
- leave for personal and family responsibilities
See below for more information on these leaves.
If you have healthcare benefits (through work or personally), check your plan to see if benefits will pay out during a leave.
Last Reviewed: November 2020
What is a long-term illness and injury leave?
A long-term illness and injury leave is an unpaid leave of up to 16 weeks in one calendar year. It is only available to an employee employed by the same employer for at least 90 days.
You must provide your employer with:
- a medical certificate stating the estimated length of the leave. You should provide the medical certificate before starting the leave. If you cannot, you must provide the medical certificate as soon as possible after going on leave.
- written notice that you are taking a leave. You must provide the written notice as soon as possible, and include your estimated return to work date. If your return date changes, you must let your employer know.
- written notice at least one week before you plan to return to work (unless you and your employer agree to a shorter period).
- written notice of at least two weeks if you do not intend to return to work. This means you are quitting your job. Your employer does not pay you termination pay if you quit.
Last Reviewed: November 2020
What is a leave for personal and family responsibilities?
The Code says an employee can take an unpaid leave for up to 5 days (in a calendar year) if the leave is necessary:
- for the health of the employee, or
- for the employee to meet their family responsibilities to a family member.
You must give your employer as much notice as possible before taking this leave.
A family member includes:
- employee’s spouse
- employee’s common-law partner (living together for at least one year)
- employee’s adult interdependent partner
- employee’s child (or child of employee’s spouse or common-law partner)
- employee’s parent
- child of the employee’s parent (i.e. the employee’s sibling)
- employee’s grandparent
- employee’s grandchild
- employee’s foster parent (current or former)
- employee’s foster child (current or former)
- employee’s ward (current or former)
- employee’s guardian (current or former)
- any other person living with the employee as a member of the employee’s family
An employee must still give as much notice as possible to their employer. An employer can request the employee provide reasonable verification of the employee’s entitlement to the leave as soon as possible. An employee does not have to provide a medical certificate as verification, it can be something else.
Last Reviewed: November 2020
What is a reservist leave?
A reservist leave is an unpaid leave available to an employee for:
- deployment to a Canadian Forces operation outside Canada (including pre-deployment and post-deployment operations or activities)
- deployment to a Canadian Forces operation inside Canada that is or will be helping with an emergency or its aftermath (including pre-deployment and post-deployment operations or activities)
- annual training (including travel time) for up to 20 days in a calendar year
To be eligible for this leave, you must have been employed for at least 26 consecutive weeks. The leave is for as long as necessary, except that leave for annual training is for a total of 20 days in a calendar year.
Before taking the leave, you must give your employer at least 4 weeks’ written notice that includes:
- start date of leave
- estimated date of return to work (for leaves for deployment) or actual date of return to work (for leaves for annual training)
If you cannot give 4 weeks’ written notice before taking the leave, you must give written notice as soon as possible. If the length of the leave changes, you must let your employer know in writing as soon as possible.
Before returning to work, you must also give notice:
- If you have been on leave for more than 4 weeks, you must give your employer at least 4 weeks’ written notice before returning to work. If you do not, your employer can postpone your return for up to 4 weeks from the date you give them notice of your return. For example, if you give notice you are returning to work in 2 weeks, your employer can delay your start date for another 2 weeks (so that your employer has 4 weeks’ notice total).
- If you have been on leave for 4 weeks or less, you must give your employer written notice as soon as possible of your return date. This rule does not apply if you are away for annual training and plan to return to work on the date in your original notice.
- If you decide not to go back to your job, you must give your employer at least 4 weeks’ written notice. This means you are quitting your job. Your employer does not pay you termination pay if you quit.
An employer can ask for proof that you are entitled to the leave. Your commanding officer must provide your employer with a document stating:
- you are taking or have taken part in a deployment or annual training
- the start day of the leave
- the estimated or actual length of the leave
When you return to work, your employer must give you back your old position or give you alternative work that is similar to what you were doing before the leave. Your employer must give you at least the same pay and benefits as you had before the leave.
Last Reviewed: November 2020
What is a compassionate care leave?
A compassionate care leave is an unpaid leave for up to 27 weeks for an employee to care for or support a seriously ill family member. This leave is available to employees who have worked for the same employer for at least 90 days.
Before starting the leave, you must give your employer:
- at least two weeks’ written notice that you are taking a leave. The notice must include your estimated return date. If you cannot give two weeks’ notice, you must give notice as soon as possible. If your return date changes, you must notify your employer.
- a medical certificate stating the family member’s name and that they have a serious medical condition of which they could die from within 26 weeks of the date of the certificate (or the day the leave began, if the leave started before the certificate was issued). The certificate must also say the family member needs care or support from one or more family members. If you cannot give your employer the certificate before starting the leave, you must provide it as soon as possible.
You can take the leave in one or more periods, but each period must be at least one week long. For example, you can take say 6 weeks, return to work and then take another 10 weeks. You can take 27 weeks total for one family member.
Before returning to work, you must give your employer at least one week’s written notice of your return date. You and your employer can agree to a shorter notice period. When you return to work, your employer must give you back your old position or give you alternative work that is similar to what you were doing before the leave. Your employer must give you at least the same pay and benefits as you had before the leave. If you decide not to go back to your job, you must give your employer at least 2 weeks’ written notice. This means you are quitting your job. Your employer does not pay you termination pay if you quit.
Compassionate care ends when the first of the following happens:
- the last day of the work week in which the family member dies. For example, if the family member dies on Tuesday, the leave ends on the Saturday (unless your employer has a different work week).
- you have taken 27 weeks already
- the last day of the work week in which you stop providing care or support to the seriously ill family member. For example, if you stop providing care on Wednesday, the leave ends on Saturday (unless your employer has a different work week).
If two or more employees employed by the same employer want to take this leave to care for the same family member, the employer does not have to give all the employees leave at the same time. The employer can ask the employees to take leaves one at a time.
The law says who is a family member. See the list on the Alberta Government’s webpage.
Last Reviewed: November 2020
What is a death or disappearance of a child leave?
This leave is an unpaid leave for employees who have employed by the same employer for at least 90 days. The leave starts on the day of the child’s death or disappearance. The leave ends:
- up to 52 weeks if the employee’s child has disappeared, likely due to crime. If a child is found alive, the leave ends 14 days after the child is found (but no later than the 52-week period).
- up to 104 weeks if the employee’s child has died, likely due to crime
- if it is no longer likely the death or disappearance was due to crime
- on the day the parent is charged with the crime. An employee cannot take the leave if they are charged with a crime that resulted in the child’s death or disappearance.
Before taking the leave, you must give your employer written notice as soon as possible. The notice must include your estimated return date. If your return date changes, you must notify your employer. You must also give your employer reasonable verification of your entitlement to the leave as soon as possible. The law does not say what verification should be, only that it must be reasonable.
Before returning to work, you must give your employer at least one week’s written notice. You and your employer can agree to a shorter notice period. When you return to work, your employer must give you back your old position or give you alternative work that is similar to what you were doing before the leave. Your employer must give you at least the same pay and benefits as you had before the leave. If you decide not to go back to your job, you must give your employer at least 2 weeks’ written notice. This means you are quitting your job. Your employer does not pay you termination pay if you quit.
Last Reviewed: November 2020
What is a critical illness leave?
This leave is an unpaid leave for employees who have been employed by the same employer for at least 90 days. The leave allows an employee to care for a critically ill child or adult who is a family member. The leave ends:
- up to 36 weeks after the employee starts caring for a critically ill child
- up to 16 weeks after the employee starts caring for a critically ill adult
- the last day of the work week in which the critically ill child or adult dies. For example, if the person dies on Tuesday, the leave ends on Saturday (unless your employer has a different work week).
- at the end of the period for care stated in the medical certificate. This means if the medical certificate has a specific date when care ends, the leave ends on that date.
- the last day of the work week in which the employee stops caring for the critically ill child or adult. For example, if you stop caring for the person on Wednesday, the leave ends on Saturday (unless your employer has a different work week).
The critically ill person must be a family member to the employee. The law says who is a family member. See the list on the Alberta Government’s webpage.
Before starting the leave, you must provide a medical certificate to your employer stating:
- that the child or adult is critically ill and needs care or support from one or more family members
- the start date of providing care or support
- the end date of providing care or support
- the day the leave began, if the leave began before the certificate was issued
If you cannot provide the certificate beforehand, you must provide it as soon as possible.
Before starting the leave, you must also give your employer at least 2 weeks’ written notice. The notice should include your estimated return date. If you cannot give 2 weeks’ notice, you must give as much notice as possible. If your return date changes, you must let your employer know.
Before returning to work, you must give your employer at least one week’s written notice of your return date. You and your employer can agree to a shorter notice period. When you return to work, your employer must give you back your old position or give you alternative work that is similar to what you were doing before the leave. Your employer must give you at least the same pay and benefits as you had before the leave. If you decide not to go back to your job, you must give your employer at least 2 weeks’ written notice. This means you are quitting your job. Your employer does not pay you termination pay if you quit.
You can take the leave in one or more periods, but each period must be at least one week long. For example, you can take say 6 weeks, return to work and then take another 10 weeks.
If two or more employees employed by the same employer want to take this leave to care for the same family member, the employer does not have to give all the employees leave at the same time. The employer can ask the employees to take leaves one at a time.
Last Reviewed: November 2020
What is a domestic violence leave?
An employee who is a victim of domestic violence can take an unpaid leave of up to 10 days in a calendar year. This leave is available to employees who have been employed by the same employer for at least 90 days.
You can take domestic violence leave to:
- get medical help for you, your dependent child or a protected adult for a physical or psychological injury or disability caused by the domestic violence
- get help from a victim services organization
- get psychological or other professional counselling for you, your dependent child or a protected adult
- move temporarily or permanently
- get legal or police help, including to prepare for or participate in civil or criminal legal proceedings related to the domestic violence
Before taking the leave, you must give your employer as much notice as possible.
The law defines what domestic violence is. Read the Government of Alberta’s webpage for more information.
Last Reviewed: November 2020
What is a bereavement leave?
An employee can take an unpaid leave of up to 3 days in one calendar year if a family member dies. This leave is available to employees who have been employed by the same employer for at least 90 days. Before taking the leave, you must give your employer as much notice as possible.
The law says who is a family member. See the list on the Alberta Government’s webpage.
Last Reviewed: November 2020
What is a leave for citizenship ceremony?
An employee can take an unpaid leave for a half-day to attend a citizenship ceremony to get a certificate of citizenship. This leave is available to employees who have been employed by the same employer for at least 90 days. This leave is only available to you if you are the person becoming a citizen. Before taking the leave, you must give your employer as much notice as possible.
Last Reviewed: November 2020
What is a medical certificate?
Some leaves require you to give your employer a medical certificate. Medical certificates are notes from:
- physicians allowed to practice medicine where they are located, or
- nurse practitioners (who are licensed by the College and Association of Registered Nurses in Alberta or similar body, and who are not suspended).
Last Reviewed: November 2020
More Resources
Still looking for more information? Visit our Your Rights at Work page with more information about employment laws in Alberta. Or try searching LawNow’s collection of articles about various employment law topics.
- More FAQs about employment standards (CPLEA)
- FAQs about occupational health & safety (CPLEA)
- FAQs about discrimination and bullying (CPLEA)
- Directory of resources in Alberta (LawCentral Alberta) (French)
- Alberta Employment Standards (Government of Alberta)
- Alberta Human Rights Commission
- Occupational Health and Safety (Government of Alberta)
- Temporary Foreign Workers (Government of Alberta)
- Workers’ Resource Centre (help with employment issues)
- Alberta Workers’ Health Centre (legal information about safe and healthy workplace)