Can You Get Fired for Calling in Sick in Alberta?

Generally no. Alberta's Employment Standards Code provides job-protected personal and family responsibility leave. You cannot be fired for legitimately using this leave. However, excessive absenteeism, dishonesty about illness, or absence during probation may not be protected.

Alberta's Job-Protected Leave

Under Section 53.97 of the Alberta Employment Standards Code, employees are entitled to 5 days of job-protected personal and family responsibility leave per year. During this leave, your employer cannot terminate you, discipline you, or change your employment conditions because you took the leave.

When You ARE Protected

You are protected from termination when:

• You're using your 5 days of job-protected leave
• You have a legitimate illness or injury
• You've provided reasonable notice to your employer
• You've provided documentation if reasonably requested
• Your absence relates to a disability (Human Rights Act protection)
• You're on approved medical leave

When You Might NOT Be Protected

Situations where calling in sick may lead to termination:

• Excessive absenteeism beyond protected leave (pattern of unreliability)
• Dishonesty about illness (calling in sick when not actually ill)
• Failure to follow employer notification procedures
• During probationary period (reduced protections)
• If your absence causes serious operational harm and you have no documentation
• Abandonment of position (no-call, no-show for 3+ days)

How to Protect Yourself

The best protection is documentation. A sick note from a licensed physician proves your absence was legitimate. If you're ever questioned, disciplined, or terminated for a sick day, having a doctor's note is your strongest defense. It costs $49 from MedLetter, far less than fighting a wrongful termination.

If You've Been Fired for Being Sick

If you believe you were terminated for legitimately calling in sick, you may have a wrongful dismissal claim. Contact Alberta Employment Standards or consult an employment lawyer. Having medical documentation (like a MedLetter sick note) significantly strengthens your case.