Maneuvering New and Expanded Long-Term Medical Illness Leaves
By Renee Boyda
Across the provinces, long-term medical illness leave regulations are changing. Several provinces have expanded or introduced job-protected leaves for employees facing serious medical conditions. The titles of these leaves may vary by province, but overall these updates mean longer absences from work for employees to recover from illness without the fear of job loss. For employers these changes require careful handling and planning to manage operational continuity, compliance and reintegration.
Across the provinces, long-term medical illness leaves now typically last up to 27 weeks, aligning with federal EI sickness benefits. Ontario introduced its long-term illness leave in June 2025, while British Columbia enacted a similar leave in late 2025. Manitoba expanded its leave in 2024, while Saskatchewan aligned to 27 weeks and Alberta expanded its leave to the same duration from 16 weeks, both as of January 1, 2026. The alignment streamlines access to income support for employees and enhances job protection. However, eligibility thresholds and the requirement for medical documentation vary by province. For example, the eligibility thresholds range from 13 weeks of service in Ontario to 90 days in Alberta.
Employers have several obligations in relation to long-term medical illness leaves. They must grant eligible employees the full duration of the leave as mandated by their specific province. For verification purposes, employers typically require medical documentation from qualified practitioners. Medical documentation should only be requested when reasonable and is limited to what is necessary for eligibility and accommodation assessment. The long-term medical illness leave is not paid for by the employer, unless the employer has a policy in place or the employment contract states otherwise. Because this leave is protected, the employer must protect the employee’s job and accrue service or seniority as per legislation. An employer cannot retaliate against the employee for taking the leave – including discipline, termination of employment or performing any action that would cause a disadvantage to the employee as a result of that employee taking a protected leave. Employers are also obligated to return the employee to their pre-leave role or a comparable one with equivalent pay, benefits and status upon completion of the leave or when medically cleared to return.
Alongside the leave, employers have a duty to engage in the accommodation process under human rights laws. In a nutshell the accommodation process includes requesting just enough medical documentation to verify functional abilities and to understand the employee’s restrictions. Collaboratively, the employer and employee would then work together to explore possible accommodation. During the leave, the employer must initiate return-to-work planning, which is also part of the accommodation process. The return-to-work plan requires ongoing communication with the employee and, based on their medical restrictions might include modified duties or graduated hours, to ensure a safe return to work. Failure to meet all of these obligations can open the employer up to complaints under employment standards or human rights. Hence the need for employers to ensure a consistent and well documented handling of each case.
Employees have obligations as well. They must meet the leave eligibility requirements of their province and provide medical documentation from a qualified health practitioner confirming that they have a serious medical condition, along with the amount of time they will need to be absent from work. Employees must also be cooperative and collaborative with both the accommodation and return-to-work processes.
Employers should not wait until they have an employee that requires a long-term illness leave to prepare. Being familiar with their jurisdiction’s specific leave entitlements, duration, eligibility criteria and reinstatement requirements is important to ensure compliance with provincial employment standards. Employers should also review and update their leave policies, train managers, ensure accurate tracking of leaves, and keep medical information confidential and limited to the minimum amount of information required. Long absences have a far bigger operational impact on small employers, so cross training staff and creating work coverage plans are highly important.
For small employers, having to manage longer statutory leaves is a challenge. The challenge is not just compliance but keeping operations running smoothly. While the rules differ by province, the core issues are the same: Knowledge of when to apply the leave, requesting the right medical documentation, protecting the employee’s job, planning for coverage, accommodation and return-to-work duties.
If you require assistance with leave management, accommodation or return-to-work processes, or any other HR related matter, please contact us at TIPI Legacy HR+.
Renee Boyda is a human resources consultant with Legacy Bowes. She is a CPHR candidate, received her Bachelor of Arts in Sociology from the University of Manitoba, and received both Human Resource Management and Management Development Certificates with Honours from Red River College. She is focused on building HR structures and processes to create consistency and fairness in workplaces across Canada. Renee is a proud Metis, with over 12 years of human resource experience in both union and non-union environments. She can be reached at (204) 947-5525.
