Can I Get Fired for Calling in Sick in Alberta? Know Your Rights

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. However, the most critical factor in securing that protection is having the right documentation. Without a proper medical certificate, you are leaving your job security entirely up to chance.

Your Legal Protections in Alberta

Alberta employees are protected by multiple layers of legislation. These laws are designed to ensure that hardworking individuals do not lose their livelihoods simply because they fall ill. But remember, these protections often require proof.

1. Employment Standards Code

Under Alberta's Employment Standards Code, you are entitled to specific job-protected leaves. This means your employer is legally required to hold your position for you while you recover. Specifically, you are entitled to:

• 5 days of job-protected personal and family responsibility leave per year. This is crucial for short-term illnesses like the flu or a severe cold.


• 16 weeks of job-protected long-term illness leave. This is designed for more serious health conditions that require extended recovery time.


• These leaves are unpaid but your job is protected.

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. This is a powerful legal protection.

Firing someone because of a disability-related absence is discrimination under the Alberta Human Rights Act. But again, the burden of proof is on you. You must demonstrate that your condition requires accommodation. A medical note from a licensed physician is the gold standard for this proof. Without it, your employer might claim they were unaware of your medical needs.

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. Many contracts explicitly state the procedures for taking sick leave.


• It is done without proper notice. Employers cannot simply fire you on the spot without cause.


• It is retaliatory in nature. If you are fired shortly after taking a sick day, it may be seen as retaliation.

When CAN an Employer Terminate?

While you have protections, employers may have grounds to terminate if you fail to follow the rules. This is where many employees make critical mistakes.

1. Excessive absenteeism - A pattern of unexplained absences that disrupts business operations. Even then, they must accommodate disabilities, but only if they are documented.
2. Failure to provide documentation - If your employer's policy requires a sick note and you refuse to provide one. This is the most common reason employees face disciplinary action or termination. If your employer asks for a note, you must provide one. Failing to do so is considered insubordination.
3. Dishonesty - If you are caught faking illness (e.g., posting vacation photos while "sick"). Always be honest and always get a legitimate medical note.
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 is absolutely essential for your job security. It is not just a piece of paper; it is your shield against wrongful termination. A sick note:

• Proves your absence was medically legitimate. It removes any doubt your employer might have.


• Triggers your employer's duty to accommodate. Once they have the note, they are legally obligated to work with you.


• Makes wrongful dismissal claims much stronger if you are terminated. If you have a note and are still fired, you have a very strong case for a lawsuit.


• Shows you followed proper workplace procedures. It demonstrates that you are a responsible employee who respects company policy.

The MedLetter Advantage: Why Choose Us Over a Walk-In Clinic?

When you are sick, the last thing you want to do is sit in a crowded waiting room. Here is why MedLetter is the superior choice for getting your sick note in Alberta:

Walk-In Clinics:

• Wait Times: You can expect to wait 2 to 4 hours just to see a doctor.


• Exposure: You are sitting in a room full of other sick people, risking further infection.


• Cost: Many clinics charge between $20 and $50 for a sick note, on top of the time you waste.


• Inconvenience: You have to travel while feeling unwell.

• Speed: Same-day delivery directly to your inbox.


• Safety: You stay in the comfort of your own home. No exposure to other illnesses.


• Cost: A flat fee of $49. No hidden charges.


• Convenience: Our service is entirely online. You can request a note 24/7.


• Legitimacy: All notes are provided by licensed Canadian physicians.

What to Do If You Are Threatened with Termination

If your employer is threatening to fire you because of your illness, you must act quickly and decisively.

1. Get documentation immediately - A sick note from a licensed physician is your first line of defense. Do not delay. Get it today.
2. Put everything in writing - Email your employer confirming your illness and expected return. Keep a record of all communications.
3. Know your policy - Review your employment contract and company sick leave policy. Understand your rights and obligations.
4. File a complaint - Alberta Employment Standards (780-427-3731) or Alberta Human Rights Commission. If your rights are being violated, report it.
5. Consult a lawyer - If you believe you have been wrongfully dismissed, seek legal counsel.

Frequently Asked Questions (FAQs)

Q: Can my employer demand a sick note for just one day off?
A: Yes. While some employers only ask for a note after three days, they have the right to request one for any absence. If they ask, you must provide it to protect your job. Do not risk it. New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time..

Q: What happens if I cannot get an appointment with my family doctor in time?
A: This is a common problem. If you cannot see your doctor, your employer may still demand proof. This is where MedLetter comes in. We provide same-day sick notes from licensed physicians, ensuring you meet your employer's deadlines without the stress of finding an open clinic.

Q: Does my sick note need to state my specific diagnosis?
A: No. In Alberta, your employer is generally not entitled to know your specific medical diagnosis. They only need to know that you are unfit for work and your expected return date. MedLetter notes respect your privacy while providing the necessary information to satisfy your employer.

Q: Can I be fired if I am on probation and get sick?
A: Probationary employees have fewer protections, but they are still covered by human rights legislation. If your illness is considered a disability, firing you could still be discriminatory. However, the risk is much higher. Having a legitimate sick note is even more critical when you are on probation.

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. Do not leave your career to chance. Without a note, you are vulnerable. With a note, you are protected.

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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. Do not wait until your employer asks. Be proactive and secure your job today.

New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time.

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Related Resources:

• New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time.


• Online Sick Note Alberta


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