Starting January 1, 2026, the maximum duration of the job-protected leave under the Employment Standards Code for long-term illness and injury in Alberta will increase from 16 weeks per calendar year to 27 weeks per calendar year by virtue of an amendment to the Employment Standards Regulation.
This will align with the Federal jurisdiction, British Columbia, Manitoba, Nova Scotia and Ontario.
Employees are eligible for this leave if they have been employed for at least 90 days. Employers do not need to pay wages or benefits during this period unless otherwise required by contract or a collective agreement. The requirement for employers to provide eligible employees with the same, or equivalent, job back when the employee return to work, remains the same. Employees are also considered to be continuously employed during the leave period for the purposes of calculating years of service.
In addition, employers need to keep in mind their obligations to accommodate employees under the Alberta Human Rights Act, which will inevitably overlap with any request for, and return from, a medical leave of absence.
Conclusion and takeaways
Employers should review and update their workplace policies and disability management procedures to ensure they remain compliant with legislative requirements. In addition, employers should be cognizant that there are also human rights and other considerations that are present when employees leave for and return from a medical leave of absence.
If you have any questions about the upcoming legislative changes, or any other employment and labour questions, please reach out to Cristina Wendel and Jenny Wang or any member of Dentons’ Employment and Labour group.
