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Job-Protected Illness or Injury Leave
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Workers in Alberta are protected if they need to take long-term illlness or injury leave. An eligible employee can take up to 16 weeks of long-term illness and injury leave each calendar year.
The Basic Rules for long-term illness or injury leave state that:
- Employees are eligible for long-term illness and injury leave if they have been employed at least 90 days with the same employer.
- Eligible employees can take time off work without pay without risk of losing their job.
- Employers must grant 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 long-term illness and injury leave, unless stated in an employment contract or collective agreement.
- Employees on long-term illness and injury leave are considered to be continuously employed for the purposes of calculating years of service.
Specific written documentation that is required by the employee includes:
Medical Certificate: The employee must provide a medical certificate to the employer that states the estimated duration of the leave.
Starting Leave: Employees must give employers written notice as soon as is reasonable, which must include the estimated date of the employee’s return to work.
Ending Leave: Employees must provide at least 1 week’s written notice of the date they intend to return to work unless there is an agreement otherwise.
Part 2, Division 7.5 of the Employment Standards Code sets out the rules for long-term critical illness and injury 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.
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New Changes To Alberta's Workers' Compensation Act Now In Effect
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On April 1, 2021, the second round of legislative changes introduced in Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020 came into effect. Many of the changes under Bill 47 reflect a return to the Workers’ Compensation legislation that was in place prior to 2018.
One of the most important changes now in effect is the removal of the employer obligation to reinstate injured workers and accommodate disabled workers. This means that employers are no longer statutorily obligated to reinstate employees who have been employed by the employer for at least 12 months with WCB claims. Further, the rebuttable presumption that an employer who fails to do so is in violation of the Workers’ Compensation Act no longer applies.
The duty to reinstate has been replaced with the new “duty to cooperate” in the injured worker’s early and safe return to work. This change creates a new reciprocal worker obligation to mitigate loss of earnings from injury and to cooperate in the development of and to participate in medical and vocational rehabilitation plans. The WCB has the power to reduce or suspend wage loss benefits for workers who do not cooperate in their return to work.
However, even with the removal of the duty to reinstate injured workers under the Workers’ Compensation Act, it is important to note that employers remain obligated to accommodate disabled workers under Human Rights legislation. Employers should still obtain relevant information and conduct proper investigations into worker injuries and consider appropriate accommodation options.
Detailed information on the new legislative changes is available to all employers at WCB Alberta.
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At a Glance: Other Key Changes to the Alberta Workers' Compensation Act
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As of April 1, 2021 key changes to the Workers' Compensation Act include:
- Removal of the benefit of the doubt provisions favouring workers in situations where the balance of evidence is approximately equal. However, benefit of the doubt in favour of the worker remains in place for claim eligibility and appeal decisions.
- Employers are no longer required to contribute to health benefit plans for injured workers who are off work, as this former requirement was determined to be outside the jurisdiction of Workers’ Compensation legislation. Employers may now voluntarily choose whether to continue contributing to the health benefit plans. Injured workers will receive medical and rehabilitation benefits related to their injury while off work from the WCB.
- The services of the former Fair Practices Office, which provided fairness reviews for workers, have been transitioned to a Fairness Review Officer reporting directly to the WCB.
- The services of the Medical Panels Office, which resolves differences in medical opinions surrounding an injured worker’s claim, have transitioned to the Appeals Commission for Alberta Workers’ Compensation.
- The time limit to appeal a WCB decision to the Appeals Commission for Alberta Workers’ Compensation has been reduced to one year, which is now consistent with the limitation period for review by the Dispute Resolution and Decision Review Body.
Detailed information on the new legislative changes is available to all employers at WCB Alberta.
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Employee Return To Work Options
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As mentioned above, new changes to the WCB Act as of April 1, 2021 introduces a new “duty to cooperate” in the injured worker’s early and safe return to work. Thus there is a new reciprocal worker obligation: to mitigate loss of earnings from injury and to cooperate in the development of and to participate in medical and vocational rehabilitation plans.
The process involves several steps:
- Once an employee is on an approved workers' compensation claim, a case worker will work with both the employee and employer, as well as the employees' health care provider, to develop a return-to-work plan.
- The case manager will review progress reports from health care providers to determine when your employee is able to return to work.
- As an employer you are able to review what the employee can do while recovering through your organizations myWCB portal. (e.g. How much can they lift? Can they bend, drive or climb?)
- The case manager will contact the employee to discuss return-to-work options and will check with you as the employer to determine if there is modified or alternate work the employee can do while they continue to recover. Although the employee's injury may not be fully healed, the right work activity can help achieve the best recovery results.
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Workshops and Seminars For Employers
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Understanding and abiding by all Workers' Compensation Act requirements is a key to ensuring both your organization and your employees are protected and supported. The Alberta Workers' Compensation Board offers numerous online workshops and seminars that provide detailed information, with topics that include Legislative Changes; Employer Information Seminars; Return to Work (Modified) Seminars; Action Planning Seminars; and Psychological Injuries in the Workplace Seminars. All seminars are free of charge. Please visit the resources section of AB WCB.
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