unpaid medical leave

[Chris Vaage]

#108681

Forum: Private

There is a staff member on unpaid medical leave, who is supposed to return october 8, they have been away for about 6 weeks and recently ran out of short term illess or paid leave entitlements for this leave. I have inquired with them whether they want to continue their benefits while on leave, and let them know we need payment up front for the premiums. this person is being unresponsive after 3 emails and 1 phone call. I dont think they will return to work but since they are not communicating with the employer it is starting to feel like job abandonement. I am not sure what to do since they are not responding during their medical leave. this is in alberta.

thank you.

[Haley O’Halloran]

#108684

At this stage, I would not treat this as job abandonment yet, particularly because the employee remains on an approved medical leave with an expected return date of October 8. In Alberta, eligible employees can take up to 27 weeks of job-protected long-term illness and injury leave per calendar year, and an employer generally cannot terminate an employee because they are exercising that leave. Employees are expected to provide an estimated return date and advise the employer if it changes.

The lack of response is still something you can address. An employee on medical leave is not completely relieved of their obligation to communicate with the employer. Alberta Human Rights guidance specifically recognizes that employers may maintain reasonable contact during a lengthy medical absence, and employees also have an obligation to cooperate in the accommodation process. Alberta Human Rights Commission Given that you have already sent three emails and made a phone call, I would now send one formal written communication—ideally by email plus registered mail/courier to the employee’s address on file. Keep the tone administrative rather than disciplinary. Confirm that their approved medical leave currently runs to October 8, explain that you have been unable to reach them, and ask them to contact you by a reasonable deadline to confirm: whether they still expect to return October 8; whether their medical leave needs to be extended; and what they want to do about benefit continuation/premium payments. You can also advise that updated medical information will be required if they cannot return as anticipated. Alberta employers may request medical information confirming the approximate return-to-work date and, on return, information about fitness and any restrictions or accommodation needs.

I would be cautious about putting language in that letter saying that failure to respond automatically means they have resigned. Instead, explain the consequences more narrowly: if you receive no response and they do not report for work on October 8 (or their next scheduled working day), you will need to assess their employment status based on the information available. Alberta’s Employment Standards guidance is particularly helpful here: an employer is not required to reinstate an employee who fails to provide the required notice or fails to report to work on their next scheduled day after the leave ends, unless that failure resulted from unforeseeable or unpreventable circumstances. Alberta.ca Even then, because you already know the absence is medical, I would make at least one additional attempt after a no-show before concluding abandonment—for example, “You did not return as expected. Please contact us by [date] to advise whether there are medical circumstances preventing your return.” That helps protect against a situation where hospitalization, deterioration of the condition, or another disability-related circumstance explains the silence.

On the benefits issue, Alberta Employment Standards does not generally require an employer to continue paying wages or benefits during long-term illness and injury leave unless the employment contract, collective agreement, benefit plan, or another obligation provides otherwise. Alberta.ca Therefore, if your plan permits benefits to continue only where the employee pays their required portion, you can give them a clear deadline and explain what happens if payment is not received, provided you are following the plan terms consistently. I would keep that issue separate from whether they have abandoned employment: non-payment of premiums may result in benefit coverage ending under the plan, but it does not by itself mean that the employee has resigned.
So, for now, I would document your three emails and phone attempt, send the formal “return-to-work/status confirmation” letter, and keep the employment relationship open through October 8 unless the employee contacts you with different information. If October 8 passes with no communication and no attendance, move into a second, shorter “failure to return/contact us immediately” notice before making a final abandonment determination. Given the medical context, that paper trail is much safer than moving directly from non-responsiveness during leave to termination.

I hope this helps.
-HRInsider Staff

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