In today’s fast-paced work environment, stress has become a common challenge for many employees. Whether it stems from heavy workloads, workplace conflicts, personal struggles, or a combination of factors, prolonged stress can take a serious toll on both mental and physical health. When stress reaches a level where it interferes with daily functioning and job performance, taking time off to recover may be necessary.

In Alberta, “stress leave” isn’t recognized as a distinct category under employment laws, but employees experiencing severe stress, anxiety, burnout, depression, or other mental health issues or concerns may be eligible for job-protected leave under the province’s long-term illness and injury leave provisions. This type of leave is designed to support employees who, due to a medically certified condition, are unable to fulfill their job duties. By obtaining the necessary documentation from a healthcare provider, employees can take time away from work to focus on their well-being, seek treatment, and recover without fear of job loss.

Understanding your rights, the process for requesting leave, and the available support options can help ensure that you take the time you need while maintaining job security.

Who is Eligible for Stress Leave in Alberta?

Non-unionized employees who have worked for at least 90 days with the same employer are typically eligible for stress leave in Alberta. Stress leave falls under long-term illness and injury leave, which provides up to 16 weeks of job-protected, unpaid sick leave per calendar year.

To qualify, your stress or mental health condition must significantly impact your ability to work. A healthcare practitioner must verify this by issuing a medical certificate confirming you cannot perform your job duties and providing an estimated duration for your leave. While your employer can request this documentation, they cannot demand specific details about your diagnosis, only confirmation that your condition prevents you from working.

If you are covered by a collective agreement, the rules regarding stress or mental health leave may differ from standard provisions. Your contract may outline different eligibility criteria, benefits, or additional paid leave options, so it’s important to review your agreement or consult with your union representative for specific details.

How to Give Notice for Stress Leave Alberta?

To give notice for stress leave in Alberta, you must notify your employer as soon as possible, preferably in writing, such as through an email or formal letter. Your notice should include the expected start date of your leave and, if known, an estimated duration and end date. You should also state that your leave is due to medical reasons.

In most cases, you will need to provide a medical certificate from a qualified healthcare practitioner, such as a doctor or psychologist. This certificate should confirm that you are unable to work due to a medical condition and indicate the expected duration of your absence. If your leave is extended beyond the initial period, you may need to provide updated medical certificates and documentation. Employers may have specific procedures for reporting leave, so it’s a good idea to review your company’s policies or consult HR for guidance.

Can a Company Fire You for Stress Leave?

No, you can not be fired if you take stress leave in accordance with the law. Your job is protected. Stress leave is generally taken as part of long‑term illness and injury leave. Under the Employment Standards Code, an eligible employee who takes this leave cannot be fired or penalized simply for taking time off due to illness or a medically certified condition.

If you are terminated while on stress leave, it could be considered disability-based discrimination under both provincial and federal human rights legislation. In such cases, you would have legal recourse.

Can I Get EI for Stress Leave or Paid Stress Leave?

Under Alberta’s Employment Standards Code, stress leave itself is unpaid. However, some employers offer short‑term disability or other benefits that may provide partial income replacement during a stress leave, so it’s a good idea to review your employment contract or consult with HR to understand what options are available.

What Happens When You Run Out of Sick Leave and Job Protected Leave?

If you run out of both paid sick leave and job-protected leave, your options will depend on your employer’s policies and the legal provisions available to you. Some employers allow the use of vacation or personal leave to extend your time off, but this depends on your employment contract and company policies.

If your condition qualifies as a disability, your employer has a duty to accommodate under the Alberta Human Rights Act. This means they must explore reasonable adjustments, such as extended unpaid leave, modified duties, or flexible scheduling. If additional accommodations are required, your employer must assess whether they can provide them without experiencing undue hardship.

If your medical condition prevents you from returning to work permanently, you may need to consider resigning. In this case, you may be eligible to apply for Employment Insurance (EI) sickness benefits, which provide temporary income replacement while you are unable to work. To qualify, you must have worked enough insurable hours and paid into the Employment Insurance (EI) program. If approved, EI sickness benefits typically cover up to 15 weeks at 55% of your average weekly earnings, up to the maximum benefit amount set by Service Canada.

However, if you do not qualify for job-protected leave and your extended absence creates an undue hardship for the business, your employer may legally terminate your employment. Even in this scenario, they must follow proper termination procedures, which may include providing reasonable notice or severance pay. If you believe your termination was unfair or that your employer failed to accommodate your condition appropriately, seeking legal advice can help you understand your rights and explore potential remedies.

Job-Protected Leaves

Below is a list of the primary job‑protected leaves available under Alberta’s Employment Standards Code. These leaves are “job‑protected,” meaning that your employer must hold your same job position (or a comparable one) during the leave period and cannot penalize you for taking them.

• Bereavement Leave: Time off following the death of an immediate or extended family member.
• Citizenship Ceremony Leave: A short leave (typically a half‑day) for attending your citizenship ceremony.
• Domestic Violence Leave: Up to 10 days per calendar year for employees who are victims of domestic violence or caring for someone in that situation.
• Personal and Family Responsibility Leave: Up to 5 days per year to handle personal health needs or family responsibilities.
• Compassionate Care Leave: Up to 28 weeks of leave within a 52‑week period to care for a family member facing a serious illness with a significant risk of death.
• Critical Illness Leave: Leave available to care for a critically ill child or adult family member (with different maximum durations based on the relationship).
• Death or Disappearance of a Child Leave: Extended leave (up to 156 weeks) if a child under 25 years of age dies or goes missing as a result of a probable crime.
• Long‑Term Illness and Injury Leave: Up to 16 weeks per calendar year for employees who are unable to work due to a long‑term illness, injury, or conditions such as severe stress.
• Maternity and Parental Leave: Maternity leave is up to 17 weeks for pregnant employees, and parental leave is up to 63 weeks (or up to 71 weeks if shared by both parents).
• Reservist Leave: Leave for employees who are members of the reserve force to fulfill military duties or training requirements.

You may be required to provide some form of evidence or documentation to prove your eligibility for job‑protected leaves. For example, if you take bereavement leave, your employer may ask for a death certificate or funeral documentation to verify the loss. Similarly, for citizenship ceremony leave, you might be asked to present proof of your appointment, such as an invitation or official notice.

Conflicts Over Taking Leave

Employers are not allowed to penalize or terminate an employee for taking job-protected stress leave as long as the leave is taken in accordance with Alberta’s Employment Standards Code and supported by proper medical documentation.

If you believe your employer is retaliating against you for taking stress leave, whether through termination, demotion, or other negative treatment, you may have grounds for a wrongful dismissal or human rights complaint. If you need legal advice on your situation, our employment law firm is here to help. Contact us today to discuss your employee rights, and options.

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