Alberta Follows Ontario and BC by Introducing 27 Week Serious Illness Leave
As of January 2026, Alberta became the last of the larger provinces to introduce the new extended job protected “long-term illness and injury leave”, following Ontario and B.C. last year by amending the Employment Standards Code.
As in those provinces, the leave can now last up to 27 weeks, aligning with the new extended duration of EI disability benefits. This is an increase from the previous 16 weeks in Alberta, which had aligned with the shorter duration of EI disability benefits and the waiting period for most LTD plans at the time.
The following rules remain in force for these leaves:
- The employee can be required to provide a medical certificate for any such leave and an updated one if an extension is sought;
- Employees on leave must promptly advise the employer of any known change in return to work date and give one week written notice of return to work.
For a discussion of the implications of these leaves in relation to the broader and typically longer “duty to accommodate”, disabilities, including through allowing leave beyond 27 weeks, see our recent Employer Alert: HERE. Employers in all jurisdictions with these new Employment Standards longer term sick leave rights need to remember that the duty to accommodate in most cases extends beyond 27 weeks so expiry of the leave does not mean employment can be terminated. We strongly recommend our clients get legal advice before terminating or taking other adverse steps against an employee who has been off on a long disability leave.
If you want more information on this topic, you can contact us at:
Geoffrey Howard: ghoward@howardlaw.ca
604 424-9686
Sebastian Chern: schern@howardlaw.ca
604 424-9688
