Search for sick leave rules in Alberta and you will quickly notice that most of the information is written for employees, often by law firms that represent them. We wanted to offer the employer’s perspective instead. At Daeco, we have spent 26 years helping small and mid-size employers across Alberta apply these rules in real workplaces, and we have found that the legal minimums are often smaller than business owners expect. The greater risk usually comes from the areas where employment standards end and broader employment obligations begin.
What the Employment Standards Code requires
Alberta’s Employment Standards Code does not require employers to provide paid sick days. Every provincially mandated illness leave is unpaid unless an employment contract or collective agreement promises pay during the absence. What the Code does require is job protection. Eligible employees must return to the same or an equivalent position, continue accumulating years of service while away, and cannot be terminated, laid off, or treated adversely because they requested or took a protected leave.
When an employee becomes ill, two statutory leaves usually apply. Personal and family responsibility leave covers shorter absences for the employee’s own health or certain family responsibilities, while long-term illness and injury leave applies to extended absences supported by a medical certificate. Both require 90 days of employment with the same employer, although employers are always free to provide more generous benefits through policy. For the broader minimum standards on hours of work, overtime, and termination, see our guide to employment standards in Alberta.
What sick leave are employees entitled to in Alberta?
Alberta employers must provide two unpaid, job-protected leaves that cover employee illness: up to 5 days per calendar year of personal and family responsibility leave, and up to 27 weeks per calendar year of long-term illness and injury leave. Employees qualify for both after 90 days with the same employer. Alberta employment standards require no paid sick days.
| Leave type | Length | Paid or unpaid | Eligibility |
| Personal and family responsibility leave | Up to 5 days per calendar year | Unpaid | 90 days with the same employer |
| Long-term illness and injury leave | Up to 27 weeks per calendar year | Unpaid | 90 days with the same employer |
The 27 week figure is new. Effective January 1, 2026, Alberta extended long-term illness and injury leave to 27 weeks per calendar year, and leaves already underway on that date can be adjusted, with a fresh medical certificate if the new end date passes the one on file. If your handbook still references the previous maximum, now is the time to update it. The 5 personal days do not carry over between calendar years and do not have to be paid out when employment ends. During longer absences, employees often rely on federal EI sickness benefits or disability insurance, so the employer’s legal obligation focuses on protecting the employee’s position rather than continuing their pay.
Stress leave in Alberta: what the Code actually says
“Stress leave” is one of the most searched employment terms in Alberta, yet the Employment Standards Code never uses that phrase. There is no standalone stress leave entitlement. In practice, employees requesting stress leave are generally accessing either personal and family responsibility leave for a shorter absence or long-term illness and injury leave for a longer absence supported by a physician’s or nurse practitioner’s medical certificate.
One of the biggest mistakes we see is employers dismissing the request because they cannot find the words “stress leave” in the legislation. That response can create unnecessary legal exposure. Refusing a valid leave request may breach the Employment Standards Code, and where stress is connected to an underlying condition such as anxiety or depression, the Alberta Human Rights Act may recognize it as a disability that triggers a duty to accommodate. We encourage employers to approach these requests carefully, request the medical documentation they are entitled to receive, and seek advice before declining a leave request.
Sick notes: what you can require and when
The documentation requirements depend on which leave an employee is taking, and many workplace policies ask for more than the legislation requires. For personal and family responsibility leave, Alberta legislation does not require a medical certificate or other documentation, although employers may establish reasonable documentation policies for short absences. For long-term illness and injury leave, the employee must provide a medical certificate from a physician or nurse practitioner stating the estimated duration of the leave before it begins or as soon afterward as is reasonable.
From a practical standpoint, we encourage employers to keep documentation requirements proportionate. We regularly see organizations with 20 to 200 employees requiring a doctor’s note for every single-day absence. Those appointments consume healthcare resources, add unnecessary costs for employees, and rarely provide meaningful information beyond confirming the visit. A more effective approach is to request documentation after a defined threshold while addressing recurring attendance concerns through performance management rather than paperwork.
Where employers create real risk: the duty to accommodate
Employment standards establish the minimum legal requirements, but human rights obligations are often where employers encounter the greatest risk. When an illness or injury qualifies as a disability, whether physical or mental, the Alberta Human Rights Act requires employers to accommodate the employee to the point of undue hardship. That obligation exists independently of Employment Standards, which means reaching week 28 does not automatically create a lawful basis for termination.
We often see employers wait until the statutory leave expires, receive little additional information from the employee’s healthcare provider, and assume employment can simply end. Without a documented accommodation process, that decision can result in a human rights complaint, where remedies frequently exceed those available under the Employment Standards Code. Before ending employment for someone on medical leave, employers should obtain current medical information regarding prognosis and functional abilities, carefully consider modified duties or additional unpaid leave, and document the accommodation efforts that were explored.
What a sensible sick leave policy includes
For organizations with 20 to 200 employees, a practical Alberta sick leave policy provides clarity before difficult situations arise. It should explain whether the company offers paid sick days, since the province requires none but many employers choose to provide a modest paid bank as a retention strategy. It should also accurately describe the statutory leaves, including the 90-day eligibility requirement and the current 27-week maximum.
The policy should clearly explain documentation expectations that align with the legislation. No medical note is required by law for the 5 personal days, while long-term illness leave requires a medical certificate. We also recommend identifying one person to receive leave requests so managers are not making inconsistent decisions, and explaining how extended absences interact with EI sickness benefits, disability insurance, and the organization’s accommodation process.
A well-written policy helps managers respond consistently, reduces uncertainty for employees, and provides valuable documentation if concerns are ever reviewed later. While updating your handbook, it also makes sense to review your other statutory leave policies. Our companion post on bereavement leave in Alberta covers another entitlement that employers frequently misunderstand.
Getting the details right
Daeco HR Consulting has provided HR support for small business owners from our Edmonton base for more than 26 years, working with employers across Alberta, BC, and Saskatchewan. Whether you need help drafting a compliant sick leave policy, coaching a manager through a stress leave request, or managing an accommodation process, our outsourced HR services provide experienced support without the cost of a full-time HR department. Reach out before the next request lands on your desk, and confirm any specific entitlement with Alberta Employment Standards, since the legislation always governs.