Long-Term Illness or Injury Leave

Employees who have been employed by the same employer for at least 90 days are entitled to unpaid leave due to their own illness, injury, or quarantine. The limit on the amount of leave an employee can take to 16 weeks in a calendar year.

Employees must provide a copy of the medical certificate before commencing leave, unless they are unable to do so, in which case they must provide the certificate as soon as is reasonable and practicable.

Employees must give their employer written notice of their intention to take leave as soon as is reasonable and practicable and to include the estimated date of their return to work.

Employees are to inform their employer of any changes to the estimated return to work date.

Employers are prohibited from terminating or laying off an employee who has started leave unless the employer suspends or discontinues their business.

Requires employees to give their employer at least one week's written notice of the date they intend to return to work unless otherwise agreed.

Employers are required to reinstate the employee in the position occupied when the leave started or provide alternative work of a comparable nature at not less than the earnings and benefits accrued before the leave started.

Employees who do not wish to resume employment after the leave ends to give their employer at least two weeks' written notice of their intention to terminate employment.

Employers are required to reinstate the employee or provide alternative work with no loss of seniority or other benefits accrued to the employee if the:

  • business,

  • undertaking, or

  • other activity of the employer is suspended or discontinued during the employee's leave and is subsequently resumed within 52 weeks following the end of the leave.

If an employee is on leave on the day by which their vacation must be used, any unused part of the vacation must be used immediately after the leave expires or by a later date agreed upon by the employer and employee.

AB ESC s.53.97