Effective January 1, 2026, Alberta expanded its statutory job-protected long-term illness and injury leave under Part 2, Division 7.5 of the Employment Standards Code (the “Code”). The maximum entitlement increases from 16 weeks to 27 weeks per calendar year, bringing provincial leave closer to the broader labour standards landscape across Canada and aligning Alberta with jurisdictions including federal jurisdiction, British Columbia, Manitoba, Nova Scotia, Ontario, Québec (26 weeks) and Saskatchewan (Saskatchewan also implemented an increase to a 27-week entitlement effective January 1, 2026). This alignment reflects a broader shift toward greater statutory protection for employees experiencing extended medical absences across Canadian labour standards frameworks.

What changed and why it matters

Under the revised regime, eligible employees can take up to 27 weeks of unpaid, job-protected leave per calendar year due to their own long-term illness, injury or quarantine (different leaves apply for illness of a child or adult family members). This represents an 11-week increase over the prior 16-week entitlement and is designed to support employees experiencing extended medical absences while retaining job protection.

The extension is solely quantitative — the basic structure of the leave framework remains unchanged. The rules governing eligibility, employer obligations and employee responsibilities continue to apply as they did before January 1, 2026, albeit over a longer maximum period.

Employers should update internal policies, employee handbooks and absence tracking systems to reflect the expanded leave length and procedural requirements.

Eligibility and core entitlements

  • Eligibility threshold: Employees become eligible for long-term illness and injury leave after 90 days of continuous employment with the same employer. Employers may, at their discretion, grant leave to employees with less tenure, but no statutory obligation arises until the 90-day requirement is met.
  • Job protection: Employers must grant eligible employees leave and reinstate them to the same or a comparable position (at not less than the earnings and other benefits that had accrued to the employee when the leave started) when the leave concludes. Employees on leave are deemed continuously employed for purposes such as service accrual.
  • Unpaid leave: The leave remains unpaid under the Code, and employers do not need to pay wages or benefits during this period unless otherwise required by contract or a collective agreement. Employees may separately qualify for Employment Insurance sickness benefits or employer-provided disability benefits.

Notice and medical documentation

The Code continues to set out explicit notice and documentation requirements:

  • Medical certificate: Employees must provide a medical certificate stating the estimated duration of the leave. The certificate should be provided before the leave begins or, if that is not feasible, as soon as is reasonable and practicable in the circumstances.
  • Starting leave: Written notice must be given as soon as reasonably possible and must include the estimated return date. Employees must inform employers of any change to that date.
  • Returning to work: An employee must provide at least one week’s written notice of the date they intend to return to work, unless the employer agrees otherwise.
  • Resignation notice: If the employee does not wish to return after the leave, they must give at least two weeks’ written notice of the intention to terminate employment.
  • Medical certificate updates: If a leave began before January 1, 2026, and the new maximum end date exceeds the period covered by the original certificate, a new medical certificate may be requested by the employer to support the extended leave.
  • Suspension of Operations: If a business or other activity of an employer is suspended or discontinued in whole or in part during an employee’s long-term illness and injury leave, but resumes within 52 weeks after the leave ends, the employer must reinstate the employee to their former position (or provide comparable alternative work under an established seniority system), with no loss of accrued earnings, seniority, or benefits.

Human rights considerations

Critically, the statutory leave entitlement is a minimum standard only and does not displace employers’ obligations under the Alberta Human Rights Act. Where an employee’s disability persists beyond the 27-week statutory leave period, employers may still have a duty to accommodate to the point of undue hardship, including through further unpaid leave, modified duties or other measures.

Employers should avoid treating the end of the 27-week statutory period as an automatic termination or layoff point and should continue to assess accommodation obligations on an individualized basis.

Practical takeaways

  • Effective January 1, 2026, eligible employees may take up to 27 weeks of job-protected long-term illness and injury leave per calendar year.
  • The 90-day eligibility rule and core procedural obligations remain in effect.
  • Employers must update policies and administrative systems to reflect the change.
  • Employers should integrate statutory leave tracking with accommodation and disability management processes.
  • Human rights obligations continue to extend beyond statutory minimums.

Proactive compliance will help employers manage extended absences effectively while mitigating legal risk.

The expansion of Alberta’s long-term illness and injury leave to 27 weeks represents a significant shift in the province’s labour standards, offering greater protection to employees while placing additional compliance responsibilities on employers. Staying informed of these changes and updating internal policies, absence-tracking systems, and accommodation practices is essential to managing extended medical absences effectively and reducing potential legal risks.

For guidance on implementing these changes and navigating the intersection of statutory leave and workplace accommodations, our Labour and Employment Law Group can provide practical advice and support tailored to your organization. Contact us to ensure your policies are compliant and your employees are supported while protecting your business.