Can Your Alberta Employer Fire You for Being Sick?
The short answer: it depends on the circumstances, but you have more protection than you might think.
Your Legal Protections in Alberta
Alberta employees are protected by multiple layers of legislation:
1. Employment Standards Code
Under Alberta's Employment Standards Code, you are entitled to:
- 5 days of job-protected personal and family responsibility leave per year
- 16 weeks of job-protected long-term illness leave
- These leaves are unpaid but your job is protected
Being terminated while on a protected leave is a violation of employment standards.
2. Alberta Human Rights Act
If your illness qualifies as a disability (which includes mental health conditions, chronic illness, and temporary serious illness), your employer has a duty to accommodate you to the point of undue hardship.
Firing someone because of a disability-related absence is discrimination under the Alberta Human Rights Act.
3. Common Law Protections
Even outside of statutory protections, firing someone for a single legitimate sick day may constitute wrongful dismissal if:
- It violates your employment contract
- It's done without proper notice
- It's retaliatory in nature
When CAN an Employer Terminate?
Employers may have grounds to terminate if:
1. Excessive absenteeism - A pattern of unexplained absences that disrupts business operations (even then, they must accommodate disabilities)
2. Failure to provide documentation - If your employer's policy requires a sick note and you refuse to provide one
3. Dishonesty - If you're caught faking illness (e.g., posting vacation photos while "sick")
4. Frustration of contract - If your illness is so prolonged that you can never return to work
How a Sick Note Protects You
A physician's sick note creates a paper trail that:
- Proves your absence was medically legitimate
- Triggers your employer's duty to accommodate
- Makes wrongful dismissal claims much stronger if you're terminated
- Shows you followed proper workplace procedures
What to Do If You're Threatened with Termination
1. Get documentation immediately - A sick note from a licensed physician
2. Put everything in writing - Email your employer confirming your illness and expected return
3. Know your policy - Review your employment contract and company sick leave policy
4. File a complaint - Alberta Employment Standards (780-427-3731) or Alberta Human Rights Commission
5. Consult a lawyer - If you believe you've been wrongfully dismissed
The Bottom Line
Your employer cannot fire you simply for being legitimately sick — especially if you have documentation. The best protection is a physician's note that confirms your medical need for time off.
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Protect your job with proper documentation. MedLetter provides official sick notes from CPSA-registered Alberta physicians, delivered to your inbox within hours. Available 24/7.