Temporary rules: As of March 17, 2020, employees are entitled to a job-protected leave to care for ill or self-isolated family members, or children affected by school and daycare closures. The leave length is flexible and will be linked to guidance from the Chief Medical Officer.
- All employees are eligible regardless of their length of service.
- a medical note is not required to go on leave
- employers may ask employees to provide other documentation to verify their need to access the leave such as school or daycare enrolment
- a medical note is not required to return to work
- Employees can take this leave more than once.
- Employees can take this leave, and any other job-protected leave, consecutively.
- Employees need to provide a written notice to the employer when they are taking this leave, as soon as possible and reasonable in the circumstances.
Employees can access this leave as long as government determines it is needed and the public health emergency order remains.
- Employees are eligible for personal and family responsibility leave if they have been employed at least 90 days with the same employer.
- Eligible employees can take time off work without risk of losing their job.
- Employers must grant personal and family responsibility leave to eligible employees and give them their same, or equivalent, job back when the employee returns to work.
- Employers aren’t required to pay wages or benefits during leave, unless stated in an employment contract or collective agreement.
- Employees on personal and family responsibility leave are considered to be continuously employed for the purposes of calculating years of service.
Employees are eligible for personal and family responsibility leave if they have been employed at least 90 days with the same employer.
Employees with less than 90 days of employment may still be granted leave. However, their employers aren’t required under employment standards legislation to grant them leave.
Leave must be considered necessary for:
- the health of the employee or,
- for the employee to meet his or her family responsibilities in relation to a family member
Employers and employees may agree that the employee may take the leave in half day increments if required.
Who’s considered a family member?
All of the following are considered family members:
- partner (spouse, adult interdependent or common-law)
- parents, foster parents, guardians
- children, foster children, wards, partner’s children
- any other person living with the employee as a member of their family
Length of leave
An employee can take up to 5 days of personal and family responsibility leave in each calendar year. Any leave days not used by an employee cannot be carried over into a new calendar year.
An employee must give an employer notice as soon as is reasonable before taking a leave. A medical certificate or other documentation is not required by legislation in order to take personal and family responsibility leave, however, employers can establish their own policies for documentation. Any leave days not used by an employee do not have to be paid out by the employer if employment terminates.
Termination of employment
An employer may not terminate the employment or lay off an employee while on personal and family responsibility leave. Any leave days not used by an employee do not have to be paid out by the employer if employment terminates.
An employee who feels they have been improperly terminated can file an employment standards complaint.
How the law applies
Part 2, Division 7.6 of the Employment Standards Code (Code) sets out the rules for personal and family responsibility leave. The legislation entitles eligible employees to a period of leave without pay, at the end of which they must be reinstated in their same, or an equivalent, job.
Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.