The Short Answer
No, your employer cannot legally fire you because you are sick. However, the reality is more nuanced than that. Alberta law distinguishes between being fired because of illness (illegal) and being fired while sick for other reasons (potentially legal).
Understanding this distinction is critical for protecting your rights as an Alberta employee.
What Alberta Law Actually Says
Human Rights Protection
The Alberta Human Rights Act prohibits discrimination based on physical or mental disability. Illness and injury fall under this protection. If your employer terminates you because you are sick, this constitutes discrimination and is illegal.
According to the Alberta Human Rights Commission:
> "An employer cannot terminate an employee because of a protected ground, including physical or mental disability."
This means firing someone specifically for being ill, having a chronic condition, or taking medically necessary time off is a human rights violation.
Job-Protected Leave
Alberta's Employment Standards Code provides two types of leave relevant to sick employees:
| Leave Type | Duration | Eligibility | Medical Certificate Required? |
|---|---|---|---|
| Personal & Family Responsibility Leave | 5 days/year | 90 days employment | No (but employer may request) |
| Long-Term Illness & Injury Leave | Up to 27 weeks/year | 90 days employment | Yes |
During job-protected leave, your employer must hold your position. Terminating you during this period because of your illness is illegal.
When Termination IS Legal (Even While Sick)
Here's where it gets complicated. Alberta employers can terminate employees without cause at any time, provided they give proper notice or pay in lieu of notice. This applies even if you happen to be sick.
Termination Without Cause
An employer can let you go without cause if they:
- Provide written notice (1-8 weeks depending on length of service)
- OR pay severance in lieu of notice
- AND the reason is genuinely unrelated to your illness
For example, if your company is downsizing and your position is eliminated, they can terminate you even during sick leave - as long as illness isn't the reason.
Termination With Cause
An employer may terminate with cause (no notice required) if you:
- Fail to provide a sick note when reasonably requested
- Have a pattern of dishonest absence claims
- Abandon your job (no communication for extended period)
- Violate other workplace policies unrelated to illness
Red Flags: Signs of Wrongful Dismissal
Your termination may be wrongful if:
1. Timing - You were fired immediately after disclosing an illness or requesting sick leave
2. Pattern - Other sick employees have been terminated in similar circumstances
3. Pretext - The stated reason doesn't match the facts (e.g., "performance issues" that were never documented before your illness)
4. No accommodation - Your employer never attempted to accommodate your condition before terminating
5. During protected leave - You were on approved job-protected leave when terminated
How to Protect Yourself
1. Get a Sick Note
A medical note from a licensed physician creates a paper trail proving your absence was legitimate. This is your strongest protection against claims of "job abandonment" or "failure to report."
2. Communicate in Writing
Always notify your employer of illness via email or text (not just a phone call). Keep records of:
- When you reported your absence
- What your employer said in response
- Any requests for documentation
3. Know Your Notice Period
Alberta's minimum notice requirements:
| Length of Employment | Minimum Notice |
|---|---|
| 90 days to 2 years | 1 week |
| 2 to 4 years | 2 weeks |
| 4 to 6 years | 4 weeks |
| 6 to 8 years | 5 weeks |
| 8 to 10 years | 6 weeks |
| 10+ years | 8 weeks |
If you're terminated without proper notice or pay in lieu, you may have a wrongful dismissal claim regardless of the reason.
4. File a Complaint if Necessary
If you believe you were fired because of illness:
- Alberta Human Rights Commission - File a discrimination complaint (within 1 year)
- Employment Standards - File a complaint for improper termination (within 6 months)
- Employment lawyer - Consult about wrongful dismissal damages
Frequently Asked Questions
Can I get a sick note online in Canada?
Yes. Licensed Canadian physicians can assess patients through virtual consultations and issue legally valid sick notes accepted by employers across all provinces.
How much does an online sick note cost?
MedLetter charges a flat $49 for a sick note with same-day delivery. No hidden fees, no clinic wait times.
Will my employer accept an online sick note?
Yes. All Canadian provincial medical colleges recognize virtual care. Online sick notes are legally equivalent to in-person notes.
How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2-6 hours of submission. Same-day delivery is standard.
The Bottom Line
Your employer cannot fire you because you are sick. But they can fire you while you are sick if they have a legitimate, unrelated reason and provide proper notice. The key is documentation - having a valid sick note and written communication protects you in either scenario.
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Sources
1. Alberta Human Rights Act, RSA 2000, c A-25.5 - [alberta.ca/alberta-human-rights-act](https://www.alberta.ca/alberta-human-rights-act)
2. Alberta Employment Standards Code, RSA 2000, c E-9 - [alberta.ca/employment-standards](https://www.alberta.ca/employment-standards)
3. Alberta Human Rights Commission - Duty to Accommodate - [albertahumanrights.ab.ca](https://www.albertahumanrights.ab.ca)
4. Employment Standards Termination of Employment - [alberta.ca/termination-of-employment](https://www.alberta.ca/termination-of-employment)
5. Canada Labour Code, Part III, Division XIV - [laws-lois.justice.gc.ca](https://laws-lois.justice.gc.ca/eng/acts/l-2/)
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Related: [Alberta Employment Standards Sick Leave](/blog/alberta-employment-standards-sick-leave) | [How Many Sick Days in Alberta?](/blog/how-many-sick-days-entitled-alberta) | [Do I Need a Sick Note in Alberta?](/blog/do-i-need-sick-note-1-day-off-alberta)