Calling in Sick During Probation in Alberta: Will I Get Fired?

Updated July 2026 — Reflects current Alberta Employment Standards Code and Human Rights Act protections for probationary employees.

The Fear Every New Employee Has

You just started a new job two weeks ago. You wake up with a 39°C fever, vomiting, or a back injury that makes it impossible to get out of bed. Your first thought is not about your health — it is about your job.

"Can they fire me for this? I'm still on probation. I haven't even been here a month."

This fear is legitimate. Probationary employees in Alberta have fewer protections than established employees. But "fewer protections" does not mean "no protections." Here is exactly where you stand.

What "Probation" Means in Alberta Law

First, an important clarification: Alberta's Employment Standards Code does not use the word "probation." What most people call a probation period is actually a contractual arrangement between you and your employer.

The 90-Day Threshold

What Alberta law does recognize is a 90-day employment threshold. Before you have worked 90 consecutive days:

• You are not entitled to Personal and Family Responsibility Leave (5 days)


• You are not entitled to Long-Term Illness and Injury Leave (27 weeks)


• Your employer can terminate you without notice or severance (no minimum notice required)


• You have no statutory job-protected leave for illness

What This Means Practically

| Protection | Before 90 Days | After 90 Days |
|---|---|---|
| Job-protected sick leave | No | Yes (5 days + 27 weeks) |
| Termination notice required | No | Yes (1 week minimum) |
| Human Rights Act protection | Yes | Yes |
| Employer can fire for being sick | Complicated (see below) | No |

Can You Be Fired for Being Sick During Probation?

The Short Answer

Your employer can terminate you during probation without giving a reason. However, they cannot terminate you because you are sick. The distinction matters enormously.

The Alberta Human Rights Act Still Applies

The Alberta Human Rights Act protects all employees from discrimination based on physical or mental disability — including probationary employees from day one. There is no 90-day waiting period for human rights protections.

This means:

• Firing you because you have the flu = illegal discrimination


• Firing you during probation for "not being a good fit" when the real reason is your illness = illegal discrimination


• Firing you during probation because you missed one day and they needed someone reliable = potentially illegal (disability-related termination)

The Grey Area

Here is where it gets complicated. During probation, your employer can terminate you without giving a reason. If they fire you the day after you call in sick, they might claim it was for "performance reasons" or "not the right fit." Proving the real reason was your illness is difficult but not impossible.

Evidence that strengthens your case:

• You had positive feedback before your sick day


• No performance issues were documented before your absence


• Other probationary employees who did not call in sick were retained


• Your employer made comments about reliability or attendance


• The timing (fired immediately after or within days of calling in sick)

How a Sick Note Protects You During Probation

A sick note from a licensed physician is your single strongest protection during probation. Here is why:

1. It Proves Legitimate Illness

Without a note, your employer can claim they believed you were not actually sick. A physician-signed note eliminates this argument entirely.

2. It Creates a Paper Trail

If you are later terminated and believe it was because of your illness, the sick note becomes evidence that:

• You were genuinely ill


• You took appropriate steps to document your absence


• You acted professionally and in good faith

3. It Triggers Human Rights Protections

A medical note formally establishes that your absence was due to a health condition. This makes it much harder for your employer to argue the termination was unrelated to disability.

4. It Shows Professionalism

During probation, impressions matter. Providing a sick note — even if not explicitly required — demonstrates that you take your job seriously and handle absences responsibly.

What to Do If You Are Sick During Probation

Step 1: Notify Immediately

Contact your supervisor before your shift starts. Use text or email so you have written proof. Keep it professional:

"Hi [Manager], I am unwell today and unable to come in. I will keep you updated on my status and provide a medical note if needed."

Step 2: Get a Sick Note

Even if your employer has not explicitly asked for one, get a sick note. During probation, this is non-negotiable protection. You can get one online same-day without leaving your bed.

Step 3: Follow Up in Writing

When you return, send a brief email: "Hi [Manager], I'm back today. Attached is my medical note covering [date]. Please let me know if you need anything else."

Step 4: Document Everything

Save all communications about your absence. If you are later terminated, this documentation could be critical for a human rights complaint.

Common Probation Scenarios

Scenario 1: "I called in sick once and got fired the next week"

If you were performing well before your absence and were terminated shortly after with no documented performance issues, you may have a human rights complaint. The timing creates an inference of discrimination.

Scenario 2: "My employer said I need to be reliable during probation"

Comments about "reliability" after a single legitimate sick day can constitute evidence of disability-related discrimination. Document these comments.

Scenario 3: "I was told probationary employees don't get sick days"

This is a common misconception employers have. While you do not have statutory job-protected leave before 90 days, you still have human rights protections. An employer cannot create a policy that says "probationary employees cannot be sick."

Scenario 4: "I have a chronic condition and I'm worried about disclosing it"

You are not required to disclose a chronic condition during probation. However, if you need accommodation (modified duties, flexible schedule), you will need to disclose enough information to trigger the duty to accommodate.

The Bottom Line

Probation does not strip you of all rights. The Alberta Human Rights Act protects you from day one. A sick note is your best insurance policy during this vulnerable period — it costs $49 and could save your job.

If you are fired during probation and believe it was because of illness:

• File a complaint with the Alberta Human Rights Commission (within 1 year)


• Consult an employment lawyer (many offer free initial consultations)


• Gather all documentation of your illness, communications, and the termination

FAQ

Can I be fired during probation for calling in sick in Alberta?
Alberta employers can terminate probationary employees without notice, but they cannot fire you because of illness or disability. The Alberta Human Rights Act protects you from day one. If illness was the reason for termination, you may have a human rights complaint.

Do I need a sick note during my probation period?
Your employer can require a sick note during probation just as they can for any employee. Getting one proactively shows good faith and creates documentation that protects you if the absence becomes an issue later.

How long is the probation period in Alberta?
Alberta Employment Standards sets the statutory probation period at 90 days. After 90 days, employers must provide written notice or pay in lieu of notice for termination. However, human rights protections apply from your very first day.

Can my employer deny sick leave during probation?
Your employer cannot deny you the right to be sick. While Alberta does not have statutory paid sick leave, you have the right to be absent due to illness without discrimination. Denying this right violates the Alberta Human Rights Act.

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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. Alberta Employment Standards — Termination of Employment — [alberta.ca/termination-of-employment](https://www.alberta.ca/termination-of-employment)

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Related: [Can My Employer Fire Me for Calling in Sick?](/blog/can-employer-fire-me-calling-in-sick-alberta) | [Do I Need a Sick Note for 1 Day Off?](/blog/do-i-need-sick-note-1-day-off-alberta) | [Alberta Employment Standards Sick Leave](/blog/alberta-employment-standards-sick-leave)