Alberta’s Long-Term Illness & Injury Leave Just Got Longer — Here’s What Employers Need to Know
- Tina Leisle
- Jan 26
- 3 min read
If you manage people in Alberta, there’s an important change coming that’s worth getting ahead of.
As of January 1, 2026, Alberta has extended its job-protected Long-Term Illness and Injury Leave. Employees can now take up to 27 weeks of unpaid, job-protected leave per calendar year, up from the previous 16 weeks.
On paper, that sounds simple. In practice, this change touches policies, scheduling, return-to-work planning, and how employers manage long absences — especially when recovery timelines aren’t clear.
Let’s break it down.
First Things First: Who Is Eligible?
Employees who have worked for the same employer for at least 90 days are entitled to this leave. Employers can choose to grant it to employees with less than 90 days of service, but they’re not required to.
This leave applies when an employee needs time away from work due to:
A serious illness or injury
Quarantine or medical isolation
Recovery time to focus on their health
It’s unpaid, but it is job-protected, which is where many employer questions start to come up.
What About Medical Notes?
Yes — employers can require medical documentation.
A medical certificate from a physician or nurse practitioner should outline:
How long the leave is expected to last, and
When the employee is expected to return to work
Ideally, this information is provided before the leave begins. But life (and health) doesn’t always cooperate, so the law allows documentation to be provided as soon as reasonably possible if advance notice isn’t feasible.
If the employee’s return-to-work date changes — which often happens — they’re required to update the employer.
And if a leave started before January 1, 2026, employers should know that the total leave may now be extended to align with the new 27-week entitlement. If the updated end date goes beyond what the original medical note covered, a new certificate is required.
Returning to Work Isn’t Always Straightforward
When an employee is ready to return, they must give at least one week’s notice of their intent to come back, unless something else has been mutually agreed upon.
If the employee plans to resign instead, two weeks’ notice applies.
Where employers need to slow down and be careful is when an employee doesn’t return as expected and doesn’t provide notice. In some cases, reinstatement may not be required — but only after the employer has done their due diligence.
That means trying to reach the employee through reasonable methods, such as:
Phone calls
Emails
A registered letter
Documenting these efforts matters. If the absence turns out to be due to an unforeseeable or unavoidable medical circumstance, acting too quickly can create unnecessary legal risk.
What Happens to Vacation Time?
Any vacation the employee has accrued doesn’t disappear. It can be taken at the end of the leave or later, based on agreement between the employer and employee.
The Big Takeaway: This Leave Is Job-Protected
This is the piece employers cannot afford to miss.
Employees cannot be terminated, laid off, disciplined, or pressured to resign because they requested or took this leave. Doing so can trigger issues under both Employment Standards and the Alberta Human Rights Act, particularly where disability-based discrimination is alleged.
The only real exception is when a business suspends or permanently discontinues operations. Even then, if the business restarts within 52 weeks, the employee must be reinstated.
When the Leave Ends… but the Questions Don’t
One of the most challenging situations for employers is when job-protected leave ends, but the employee still isn’t medically ready to return.
At that point, employers often ask:
Do we have to hold the position open longer?
Can we fill the role temporarily?
Does accommodation apply?
Can the employee return to a different role?
These situations don’t have one-size-fits-all answers — and handling them incorrectly can expose employers to significant risk.
How Red Rock HR Can Help
Extended medical leaves are complex, emotional, and high-risk if not handled carefully. Red Rock HR works with employers to:
Update and align leave policies
Navigate medical documentation and communication
Manage extended and overlapping leave obligations
Support return-to-work and accommodation planning
Reduce risk while treating employees fairly and lawfully
If you’re unsure how this change affects your workplace, or you’re already navigating a complicated leave situation, Red Rock HR is here to help.
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