Casual Legal: Alberta’s protected leave provisions

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. 

By Mitchell R. Hayward 

Reynolds Mirth Richards Farmer LLP 

Alberta Municipalities Casual Legal Service Provider  

Employers in Alberta are legally required to accommodate a range of job-protected leaves under the Employment Standards Code (ESC). These leaves ensure employees can take time off for health, family, or personal emergencies without risking termination or adverse treatment. 

With the growing complexity of workplace obligations, it's essential for employers to stay informed on which leaves are protected, who qualifies, and how to manage these absences while remaining compliant. 

Job-protected leaves are statutory entitlements that allow eligible employees to take time away from work, while maintaining their position or an equivalent role upon their return. Employers cannot terminate, discipline, or discriminate against an employee for taking a protected leave. 

The ESC includes many job-protected leaves. Some of the most common include: 

• Maternity leave: a pregnant employee is entitled to time off following, or shortly leading up to, the birth of their child.
• Parental leave: a period of time off for employees who are caring for a new-born or adopted child.
• Personal & family responsibility leave: time off for employees to deal with personal health issues or family responsibilities in relation to another family member.
• Compassionate care leave: time off for an employee to care for a seriously ill family member.
• Bereavement leave: time off for employees to deal with the death of a family member.
• Long-term illness & injury leave: time off for an employee to recover from an injury or illness.
• Domestic violence leave: an employee who suffers from domestic violence is entitled to time off to seek medical, therapeutic or legal assistance.  

While accommodating a leave can be operationally challenging, employers must avoid treating the leave as grounds for termination or demotion. In cases of business restructuring or mass layoffs, employers must clearly demonstrate that any termination is unrelated to the leave and part of a broader, legitimate business decision. Otherwise, they risk claims of wrongful dismissal or human rights violations. 

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.