Employment lawyer Lior Samfiru talks mental health leave with Canadian Business

A recent report from Human Resources magazine addressed the frequency in which employees feel stress as a result of their workplace, which leads to more mental health problems.

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP spoke to Canadian Business on the ongoing crisis of mental health for many employees.

“When people contact me these days about concerns about their ability to go on a disability leave, it’s more often than not because of mental health,” said Samfiru.

Samfiru went on to explain the importance of employees taking a leave of absence when necessary. “Mental health leaves are just like any other medical leave. Just like you would take a leave of absence if you broke your hip, if you can’t work because of your mental wellbeing you can take a mental health leave. Canadians, regardless of which province they work in, are entitled to sick leave of any kind, for as long as medically necessary.”

LEARN MORE:
• Stress leave rights for Ontario employees

Samfiru explained that there are steps employees are required to take in order to take a leave, such as contacting a treating doctor. “You’re not asking for permission. You’re advising your employer that, pursuant to your doctor, you’re going to be off. And that’s it,” said Samfiru.

Once on leave, Samfiru stated that employees should primarily focus on their own health and recovery. “While you should disconnect as much as possible, every few weeks, send a note saying ‘I’m still here and I’m working on getting better and hope to have an update for you soon.’ Just do they know you’re planning on coming back,” Samfiru said.

Samfiru goes on to discuss the importance of an employer’s obligations when an employee is ready to return to work. “The employer has to make all efforts to bring you back,” said Samfiru. “So, if your employer hired someone new to take over your role while you’re on leave, they don’t have to get rid of the new person to bring you back (which often happens when someone returns from parental leave). Instead, your boss has to “determine if another suitable position exists” for you.”