Alberta 27-Week Long-Term Illness Leave: Complete Guide
Effective January 1, 2026, Alberta's Employment Standards Code was amended to extend job-protected long-term illness leave from 16 weeks to 27 weeks. This change aligns Alberta with federal EI sickness benefits, which were extended to 26 weeks in 2022. The amendment means Alberta workers facing serious illness, surgery recovery, or chronic conditions can now take up to 27 weeks of unpaid, job-protected leave without fear of termination. This guide explains eligibility, documentation requirements, employer obligations, and how MedLetter can help with the medical documentation you need.
What Is Long-Term Illness Leave in Alberta?
Long-term illness leave is a job-protected leave under Part 2, Division 7.6 of Alberta's Employment Standards Code. It allows employees who are unable to work due to illness, injury, or organ/tissue donation to take extended time off while maintaining their employment relationship. Key features:
- Up to 27 weeks of unpaid, job-protected leave (increased from 16 weeks in 2026)
- Available to all employees regardless of length of service (no minimum employment period)
- Employer must hold your position or provide a comparable one upon return
- Cannot be terminated, laid off, or demoted for taking this leave
- Runs concurrently with EI sickness benefits (26 weeks at 55% of earnings)
- Separate from short-term sick leave (which has no statutory minimum in Alberta)
Who Is Eligible?
Unlike some other leaves in Alberta, long-term illness leave has broad eligibility:
- All employees in Alberta (full-time, part-time, casual, temporary)
- No minimum length of employment required
- Must be unable to perform job duties due to illness, injury, or organ/tissue donation
- Must provide a medical certificate from a qualified health practitioner
- Applies to provincially regulated employers (not federal employees, who have separate protections)
- Independent contractors are NOT eligible (must be in an employment relationship)
Medical Documentation Requirements
To access long-term illness leave, you must provide your employer with a medical certificate. The certificate must be from a qualified health practitioner (physician, nurse practitioner) and should include:
- Confirmation that you are unable to perform your job duties
- The expected duration of your absence (up to 27 weeks)
- The date the leave began or will begin
- The practitioner's name, signature, and registration number
- NOTE: The certificate does NOT need to disclose your specific diagnosis or condition
- MedLetter can provide this documentation from a CPSA-registered physician for $49
How to Apply for Long-Term Illness Leave
There is no formal application process with the government. You apply directly to your employer:
- Step 1: Notify your employer in writing that you need long-term illness leave
- Step 2: Provide a medical certificate confirming your inability to work
- Step 3: Indicate the expected start date and duration of your leave
- Step 4: Apply for EI sickness benefits through Service Canada (optional but recommended)
- Step 5: Maintain communication with your employer about your expected return date
- Step 6: Provide a return-to-work clearance letter when ready to resume duties
Employer Obligations
Alberta employers have specific legal obligations when an employee takes long-term illness leave:
- Must hold the employee's position or provide a comparable one upon return
- Cannot terminate, lay off, or discipline an employee for taking leave
- Must continue benefit plan contributions during the leave (if applicable)
- Cannot require the employee to use vacation days before taking illness leave
- Must maintain seniority and service credits during the leave period
- Violation can result in Employment Standards complaints and financial penalties
EI Sickness Benefits During Leave
While long-term illness leave is unpaid, you can apply for Employment Insurance sickness benefits to replace some income:
2026 Changes: What's New
The 2026 amendment to Alberta's Employment Standards Code made several important changes:
- Extended leave duration from 16 weeks to 27 weeks (aligning with federal EI)
- Clarified that the leave can be taken in one continuous block or intermittently (with employer agreement)
- Strengthened protections against employer retaliation during leave
- Confirmed that virtual/telehealth medical certificates are valid documentation
- Added organ/tissue donation recovery as an explicit qualifying reason
- These changes took effect January 1, 2026 and apply to all leaves starting on or after that date
Key Takeaways
- Alberta workers can take up to 27 weeks of job-protected leave for serious illness (up from 16 weeks)
- No minimum employment period required — all employees are eligible from day one
- A medical certificate is required but does NOT need to disclose your diagnosis
- EI sickness benefits provide 55% income replacement for up to 26 weeks
- Your employer must hold your job and cannot retaliate for taking leave
- MedLetter can provide the required medical documentation for $49 (same-day delivery)
FAQ
Can my employer fire me while I'm on long-term illness leave?
No. Under Alberta's Employment Standards Code, your employer cannot terminate, lay off, or discipline you for taking long-term illness leave. If they do, you can file a complaint with Employment Standards or pursue a wrongful termination claim.
Do I need to tell my employer my diagnosis?
No. Your medical certificate only needs to confirm that you are unable to work and the expected duration. You are not required to disclose your specific condition, diagnosis, or treatment plan to your employer.
Can I take the 27 weeks intermittently?
The 2026 amendments allow intermittent leave with employer agreement. For example, you could take 3 days per week for chemotherapy. If your employer refuses intermittent leave, you may need to take it as one continuous block.
What happens to my benefits during leave?
Your employer must continue any benefit plan contributions during your leave. You remain enrolled in health, dental, and pension plans as if you were still working. Some employers may require you to pay the employee portion.
Can I work another job while on illness leave?
Generally no. Long-term illness leave is for employees who are unable to work. If you're well enough to work another job, your employer could argue you're not eligible for the leave. However, gradual return-to-work arrangements are different.
How do I get the medical certificate I need?
MedLetter provides medical certificates from CPSA-registered physicians for $49 with same-day delivery. Fill out a 2-minute form describing your condition and inability to work, and receive your certificate by email. Accepted by all Alberta employers and Service Canada.
What if my employer doesn't have a formal leave policy?
It doesn't matter. Long-term illness leave is a statutory right under the Employment Standards Code. Your employer must comply regardless of whether they have a written policy. The law overrides any company policy that provides less than 27 weeks.
Can I extend my leave beyond 27 weeks?
The statutory protection covers 27 weeks. Beyond that, you may be eligible for accommodation under the Alberta Human Rights Act if your condition qualifies as a disability. You should also explore long-term disability insurance if available through your employer.
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