Why Seven Provinces Now Offer 27 Weeks of Medical Leave — and What Employers Need to Know

Alberta, BC, Saskatchewan, Manitoba, Newfoundland and Labrador, Nova Scotia, and Ontario all provide 27 weeks of job-protected illness leave. But EI sickness benefits cover only 26 weeks. Here is how to manage the gap.

A Quiet Convergence in Canadian Employment Law

Something notable has happened across several Canadian provinces: seven provinces now provide employees with a job-protected leave of absence for personal illness or injury lasting up to 27 weeks. The provinces are Alberta, British Columbia, Saskatchewan, Manitoba, Newfoundland and Labrador, Nova Scotia (since January 1, 2025), and Ontario (since June 19, 2025).

This convergence did not happen overnight. Each province arrived at 27 weeks through its own legislative process, at different times, and with different eligibility rules. But the end result is a consistent trend that signals where Canadian employment standards are heading — and it creates a specific compliance challenge for employers, because federal Employment Insurance (EI) sickness benefits cover up to 26 weeks. Note: the usual one-week EI waiting period is temporarily waived for new claims — the government announced an extension to October 10, 2026, so the timing of any income gap depends on when the claim begins.

That one-week gap between provincial leave protection and federal income support has real consequences for return-to-work planning, accommodation obligations, and payroll administration. This guide explains what employers need to know.

The 27-Week Leave Landscape: Province by Province

ProvinceLeave NameMaximum DurationKey Eligibility Conditions
AlbertaLong-Term Illness and Injury Leave27 weeks in a 52-week periodEmployee must have 90 days of employment; medical certificate required
British ColumbiaSerious personal illness or injury leave27 weeks in a 52-week periodNo minimum service requirement; medical certificate confirming inability to work. In force since November 28, 2025
SaskatchewanSerious illness or injury leave27 weeks in a 52-week periodAvailable after 13 weeks of employment; medical documentation may be required
ManitobaLong-term leave (illness/injury)27 weeks in a 52-week periodAvailable after 90 days of employment; medical certificate required
Nova ScotiaSerious illness or injury leave27 weeks in a 52-week periodAvailable since January 1, 2025; employee must have at least 3 months of employment; medical confirmation if requested by the employer
OntarioLong-term illness leave27 weeks in a 52-week periodAvailable since June 19, 2025; employee must have been employed for at least 13 weeks; medical certificate required
Newfoundland and LabradorLong-term illness or injury leave27 weeks in a 52-week periodAvailable after at least 30 days of continuous employment with the same employer; medical documentation required

Each province's leave is job-protected, meaning the employer must hold the employee's position (or a comparable one) open for the duration of the leave. The employee is not entitled to wages during the leave unless the employer's own policies or a collective agreement provide for paid leave — but they cannot be terminated for taking the leave.

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The 26-vs-27-Week Gap: Why It Matters

Federal EI sickness benefits were extended from 15 weeks to up to 26 weeks in December 2022. There is normally a one-week waiting period before benefits begin, but this waiting period is temporarily waived for new claims — the government announced an extension to October 10, 2026. When the waiver is not in effect, the income gap typically occurs at the start of the claim. Employers should check whether the waiver is active at the time of their employee's claim.

What happens during week 27?

This creates three distinct scenarios employers must be prepared to manage:

  1. Employee returns to work during week 27: Standard return-to-work process applies. The employer should confirm fitness for duty (a medical clearance note is generally appropriate at this stage) and facilitate any necessary workplace accommodations.
  2. Employee cannot return at week 27 but has a path to recovery: The employer's duty to accommodate under human rights legislation does not end when the statutory leave ends. If the employee's medical condition constitutes a disability, the employer must explore accommodation options to the point of undue hardship — which may include extended unpaid leave beyond the statutory 27 weeks.
  3. Employee cannot return and no return date is foreseeable: Even in this scenario, termination is not automatic. The employer must demonstrate that continued accommodation would constitute undue hardship, considering factors such as the size of the organization, the cost of accommodation, and the impact on operations.

The one-week gap is small in duration but significant in compliance risk. Employers who assume the leave simply "ends" at week 27 without considering their accommodation obligations risk human rights complaints.

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Return-to-Work Planning: Best Practices for Employers

Managing a 27-week medical absence requires proactive planning — not just at the end of the leave, but from the beginning. Here are practical steps:

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What About Provinces Without 27-Week Leave?

Not all provinces have adopted the 27-week standard yet. Federal employees under the Canada Labour Code are entitled to up to 27 weeks of medical leave. Other provinces have varying entitlements:

However, even in provinces with shorter statutory sick leave, the duty to accommodate under human rights legislation still applies. An employee with a serious medical condition may be entitled to extended unpaid leave as an accommodation — regardless of what the employment standards statute provides. The 27-week trend in other provinces reflects a growing legislative recognition that serious illness and recovery take time.

Multi-province employers should expect that other jurisdictions may eventually align with the 27-week standard, given the clear legislative trend and the federal precedent.

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Key Takeaways for Employers

Canada Policy Manual generates province-specific policy manuals that include medical leave provisions tailored to each jurisdiction's current standards. Explore our plans to ensure your policies reflect the latest legislative requirements across every province where you operate.

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Key Takeaways