Workplace pressures often lead to severe stress, anxiety, burnout, or depression. In Alberta, stress leave allows workers to prioritize their mental well-being without risking their employment. Read on to explore all your rights, application procedures, and available benefits of stress leave in this article.
What is Stress Leave in Alberta?
“Stress leave” is often used, but in Alberta, it is not a separate category. It refers to time off for a health issue that is caused or made worse by stress. This leave falls under personal sickness or injury. The laws that cover this are mainly found in Alberta’s Employment Standards Code and the Alberta Human Rights Act, which outline employee rights and employer responsibilities.
Under the Employment Standards Code, employees are entitled to up to 27 weeks of unpaid, job-protected leave for long-term personal sickness or injury in a calendar year, effective January 1, 2026, with medical certification.
Source: Government of Alberta – Job-protected leaves
Who is Eligible for Stress Leave in Alberta?
To qualify for job-protected leave for a stress-related medical condition in Alberta, an employee must meet 3 certain conditions:
- The stress must lead to a recognized medical condition diagnosed by a healthcare provider that affects job performance.
- The situation must be documented by that healthcare professional.
- The situation should not be caused by the employee’s serious misconduct.
In addition, to qualify for long-term illness and injury leave (up to 27 weeks), employees need to have worked for the same employer for at least 90 days.
Note that employees can be fired for serious misconduct, but if work stress causes a medical condition, they have the right to accommodations. Misconduct does not cancel out a medical disability.
These requirements ensure that employees have established a significant relationship with their employer before accessing job-protected leave.
Is Stress Leave in Alberta Paid?
Under the Employment Standards Code, employers in Alberta are not legally required to provide paid stress leave. Both personal and family responsibility leave, and long-term illness and injury leave are statutorily unpaid. However, some employers may choose to offer paid leave as part of their benefits package or company policies.
While stress leaves itself unpaid, there are several 4 for financial support during your time off:
EI sickness benefits
As confirmed by the Government of Canada, you can receive Employment Insurance (EI) sickness benefits that cover 55% of your average earnings, with a maximum of $729 per week in 2026, for up to 26 weeks.
STD insurance
If offered by your employer or obtained through a private plan, Short-term disability (STD) insurance typically covers a percentage of your regular earnings for a limited duration, often up to 26 weeks. It is designed to help replace lost income during the waiting period before long-term disability benefits begin.
LTD insurance
If provided by your employer or obtained through a private plan, Long-term disability (LTD) insurance typically covers 60% to 70% of your regular earnings and can last for several years or until you reach retirement age, depending on the policy.
Workers’ Compensation
If your stress is directly related to a workplace injury or illness, Workers’ Compensation provides partial wage replacement and medical expense coverage.
Note: It’s important to understand the difference between stress leave and a Workers’ Compensation Board (WCB) claim in Alberta. Stress leave provides unpaid time off to recover, while a WCB claim can give you wage replacement and cover medical costs if your stress is caused by a traumatic event or serious work stressors.
To file a WCB claim for psychological injury, you need a formal diagnosis (per the DSM-5) from a qualified professional. WCB Alberta accepts claims for injuries from traumatic work events or from “chronic onset stress,” which is caused by ongoing significant workplace stressors like bullying or harassment. However, regular workplace conflicts or pressures usually do not qualify.
Not all workplace stress qualifies for a claim, but if your issues stem from things like harassment or trauma at work, it’s worth considering.
Coordination tip: If your work-related condition is approved by WCB, WCB wage-loss benefits usually replace EI benefits. This means you cannot receive EI sickness benefits at the same time. Employer short-term and long-term disability policies may work differently, so check your plan documents for more information.
How Do You Apply for Stress Leave in Alberta?
To apply for stress leave in Alberta, employees should be aware of these 4 steps:
Step 1: Consult with a healthcare professional
Your first step is to consult a doctor or qualified healthcare provider. Obtain a medical assessment and a certificate (doctor’s note) confirming that you are medically unable to work, along with an estimated duration for your leave.
Step 2: Review your company’s policies
Check your employee handbook to find out how to request leave and what benefits you might be eligible for, such as short-term or long-term disability.
Step 3: Notify your employer
Then, notify your supervisor or HR department about your need for leave as soon as possible. This conversation can be stressful, so here’s a simple guide on how to approach it:
- Clearly state that you need a medical leave of absence as advised by your doctor.
- Provide the start date of your leave and, if possible, the estimated duration as indicated on your medical certificate.
- Submit your request in writing (an email is sufficient) to create a formal record.
Remember, you do not need to disclose your diagnosis; just explain your limitations and how long they might last. Employers must provide accommodations for disabilities, including mental health issues, unless they cause major difficulties for them.
Step 4: Submit a formal request
Follow your company’s procedures for requesting leave, including the required medical documentation. If applicable, discuss any workplace accommodations that might be necessary upon your return.
When applying for stress leave in Alberta, you may need to provide the following documentation:
Medical certificate:
- Signed by a qualified healthcare professional
- Should outline the nature of your condition and the expected duration of leave
Leave request form: Many employers have specific forms for requesting leave
Accommodation request: If you’re seeking workplace accommodations, you may need to provide additional documentation outlining your needs
Insurance claim forms: If you’re applying for STD or LTD benefits, you’ll need to complete the required insurance forms
Remember, while you need to provide sufficient information to support your leave request, you have the right to privacy regarding your medical information. Your employer should only require information that is necessary to process your leave request and make any needed accommodations.
What are the Protections for Employees on Stress Leave in Alberta?
There are 4 protections that can be applied when an employee takes a stress leave in Alberta:
Right to Accommodation:
Under the Alberta Human Rights Act, employers must accommodate employees with medical disabilities, provided doing so does not create excessive difficulty for the company. This protection can last longer than the usual 27-week leave if more time is needed for recovery.
Returning to Work After Stress Leave:
Planning your return is a crucial aspect of recovery. Your employer’s obligation to accommodate is vital during this phase. This can include:
- Start with fewer hours as you return to work.
- Adjust job tasks to help with the transition.
- Change your work environment to lower stress.
Job Protection: Employees are entitled to return to their original position or a comparable one upon their return from leave.
Non-Discrimination: Employers cannot penalize, discriminate against, or terminate an employee for taking a protected leave.
Can an Employer Deny Stress Leave in Alberta?
An employer cannot refuse a job-protected leave request if the employee has worked for 90 days, has provided proper notice, and has provided a valid medical certificate.
However, a request could be challenged under 3 specific circumstances, such as:
- Insufficient notice: If the employee fails to provide reasonable notice of their need for leave
- Lack of qualifying service: If the employee has not worked for the required 90 days to be eligible for leave
- Insufficient medical evidence: If the employee fails to provide adequate medical documentation to support their need for leave
If you believe your stress leave request has been unfairly denied, it’s advisable to:
- Communicate with your employer to understand their reasons
- Provide any additional information or documentation that may support your request
- Consider seeking legal advice if you believe your rights have been violated
It’s important to note that while these rights are protected by law, the specific details may vary depending on your employment contract and company policies. Always review your employment agreement and consult your HR department to understand your rights during stress leave.
What if You are Terminated While on Stress Leave in Alberta?
In Alberta, employees on stress leave have significant legal protections against termination. If you believe you’ve been wrongfully dismissed while on stress leave in Alberta, consider taking the following 5 steps:
Step 1: Document everything
Keep records of all communications with your employer, medical documents, and the circumstances of your dismissal.
Step 2: Request a written explanation
Ask your employer for a written explanation of the reasons for your termination. Then, check if your contract provides any additional protections or severance entitlements.
Step 3: File a complaint
You can file a complaint with Alberta Employment Standards or the Alberta Human Rights Commission, depending on the nature of your case.
Step 4: Seek legal advice
Consult with an employment lawyer who can advise you on your rights and potential courses of action. Do not sign any termination papers or severance offers without first seeking legal advice.
Step 5: Consider negotiation
In some cases, it may be possible to negotiate a severance package or reinstatement with your employer. If other avenues fail, you may need to consider legal action against your employer for wrongful dismissal.
Remember, the time limits for filing complaints or taking legal action can be short, so it’s important to act promptly if you believe you’ve been wrongfully dismissed while on stress leave in Alberta.
Read more about stress leave in other regions in Canada here.
Stress Leave in British Columbia
Stress Leave in Ontario
Stress Leave in Quebec
Stress Leave in Manitoba
Stress Leave in Saskatchewan
The Bottom Line
Understanding stress leave in Alberta is crucial for both employees and employers. By being aware of the legal framework, rights, and responsibilities surrounding stress leave, individuals can better manage their mental health while maintaining their employment.
Employers, in turn, can create more supportive work environments and comply with their legal obligations. As workplace stress continues to be a significant issue, it’s more important than ever to be informed about stress leave options and to work towards creating healthier, more resilient workplaces across Alberta.
Disclaimer: This guide offers general information for Alberta and is not intended as legal or financial advice. Always confirm details with official sources, and seek legal advice if necessary. We review this page quarterly or when government changes occur.
Frequently Asked Questions about Stress Leave in Alberta
Do I need a doctor’s note for stress leave in Alberta?
Yes, typically you’ll need to provide a medical certificate from a qualified healthcare professional to support your need for stress leave, especially for long-term illness and injury leave.
What if I need more than 27 weeks off in Alberta?
If you need to take more than 27 weeks off work due to a medical condition, you may be protected by the Alberta Human Rights Act. Serious mental health issues can be considered a disability, which requires your employer to accommodate you, possibly by allowing an extended leave.
