Stress leave in Alberta: Employee rights

Stress can have a profound impact on an individual’s ability to perform everyday tasks, including their job duties.

In Alberta, non-unionized employees have rights and protections when it comes to taking stress leave.

Watch the video below from the Employment Law Show and read on to learn more about stress leave in the province, how you can access it, and the legal rights in place to support you during challenging times.

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What is stress leave in Alberta?

Stress leave, also known as sick leave due to stress or mental health leave, is a type of leave in Alberta that employees can take when they are experiencing excessive stress, anxiety, or other mental health issues that impact their ability to perform their job duties effectively.

It’s important to note that stress leave isn’t limited to just stress. It can encompass various mental health conditions, such as anxiety, burnout, and depression.

Stress leave falls under the umbrella of “long-term illness and injury leave,” which is a statutory leave provided by the province’s Employment Standards Code (ESC).

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How much time off can I get for stress leave?

Non-unionized workers in Alberta can get up to 16 weeks of job-protected leave per calendar year for stress leave. The 16-week entitlement resets every Jan. 1.

Some employees in the province also have an employment contract that gives them a specific number of days off work each year for sick leave.

These days can be paid or unpaid. The sick leave in a contract will apply instead of the ESC if it provides greater benefits (i.e. paid leave or more days off).

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Who is eligible for stress leave in Alberta?

In Alberta, a non-unionized employee qualifies for long-term illness and injury leave if they:

• Have been working full-time or part-time for their employer for at least 90 days.
• Need time off due to personal illness, injury, or quarantine — including cases of significant stress.

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What if I need more stress leave than what’s covered?

Non-unionized employees experiencing severe stress, like depression, may be eligible for extended stress leave if their condition is deemed a “disability.”

The Alberta Human Rights Act requires employers to provide accommodations for staff with disabilities.

If you are facing significant stress, you might qualify for a job-protected leave that extends beyond the 16 weeks covered by the ESC.

Companies in the province are legally obligated to accommodate disabled workers — up until the point of “undue hardship.”

In this case, employers must let employees take unpaid sick leave for an extended period of time to recover from mental health and stress issues — even if it goes beyond the minimum ESC rules or their employment contract.

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Is stress leave paid in Alberta?

No, stress leave under the ESC isn’t paid. Employers in Alberta don’t have to pay staff who use the 16 weeks of leave.

If you are a federally regulated employee in the province, you could be entitled to three to 10 days of paid medical leave — depending on your length of service.

Short-term disability insurance and stress leave

If you have a short-term disability (STD) policy through work, you can collect insurance payments to cover a portion of your salary while on stress leave.

To qualify, the stress must be severe enough to make you “totally disabled” from performing your job duties.

Long-term disability insurance and stress leave

For more severe cases of stress, you might be able to move to long-term disability (LTD) insurance in Alberta.

This coverage is designed to provide continued financial support when STD benefits are no longer enough.

Insurance companies often deny legitimate LTD claims for various reasons. They do this to increase the amount of profit they make.

If you are unable to work due to an illness or injury, and you have full support from the doctors involved in your care, you are entitled to your insurance policy.

The experienced Alberta disability lawyers at Samfiru Tumarkin LLP have a history of success advocating for our clients and ensuring that their insurance provider pays them what they are owed.

Sandra Bullock and Julie Austin are just two examples of thousands of Canadians we have helped over the years.

EI and stress leave

In some cases, you might be eligible for Employment Insurance (EI) sickness benefits if intense stress is preventing you from performing your job duties.

These benefits can provide up to 15 weeks of income replacement, offering 55 per cent of your earnings — up to $573 weekly.

To qualify, you’ll need to have worked a minimum of 600 hours in the past year and have paid premiums into EI.

WCB benefits and stress leave

If your severe stress is a direct result of your work environment, you may be entitled to benefits per the Workers’ Compensation Act, which is administered by the Workers’ Compensation Board (WCB).

However, the stress must be due to significant work-related factors, such as workplace harassment.

Constructive dismissal and stress leave

If the source of your stress is due to a toxic work environment (i.e. harassment or bullying), you might have grounds for a constructive dismissal claim.

In this situation, the law allows you to resign and pursue full severance, which can be as much as 24 months’ pay.

SEE ALSO
• How to calculate severance pay
• Should I negotiate my own severance package in Alberta?
• Employment Law Show: Things to never do before seeking legal counsel

If you believe that you have been constructively dismissed, don’t quit your job before speaking with an experienced Alberta employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation you deserve.

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Do I have to provide my employer with a medical note for stress leave?

The short answer is yes. In order to access the long-term illness and injury leave covered by the ESC, non-unionized workers in Alberta must provide their employer with a “medical certificate.”

This is a note or letter signed by a medical practitioner which outlines the estimated duration of the leave.

• SEE ALSO: Sick notes in Alberta: Rights for employees

For stress leave, this document doesn’t need to specify stress as the reason for your absence.

Your privacy is protected

It’s important to know that while a medical note is required to access the leave provisions of the ESC, employers in the province can’t ask for details about your diagnosis or treatment.

The specific reasons behind your stress leave remain confidential between you and your healthcare provider.

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Before taking stress leave, do I need to tell my employer?

In most cases, non-unionized employees in Alberta will have to tell their employer about the leave — due to the medical certificate requirement.

However, there are some situations where staff are unable to do so.

If your need for stress leave is unexpected and sudden, you can take advantage of the leave provisions of the ESC.

The expectation would be that you will provide the required medical note, including an expected day of return, as soon as possible.

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Can my employer refuse to provide stress leave?

It’s illegal for employers in Alberta to refuse stress leave if a worker has a legitimate mental health disability supported by documentation from their doctor.

If this happened to you, contact our firm immediately. We can advise you of potential next steps.

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What are my rights while on stress leave?

In Alberta, you have the following rights if you need to take a job-protected stress leave:

• Reinstatement: Returning from stress leave means that you are entitled to the same job you had before the leave, or a similar role if the former no longer exists. You are also guaranteed at least the pay you had before taking leave.
• Penalties: Your employer isn’t allowed to penalize you for taking or planning to take stress leave — nor can they do so if you inquire about your rights related to such leave. This protection ensures that you can address your health needs without fear of negative consequences at work.
• Length of employment: You continue to earn credits towards the overall length of your employment and seniority. This means that even though you are not actively working, you are still gaining time towards important things like severance pay, vacation pay, vacation time, and other benefits.

Probationary periods and stress leave

If you need to take stress leave during your probationary period, you will be required to complete the remainder of your probation once you return to work.

• Example: You take stress leave one month into your three-month probationary period. When you return to work, you will be required to complete two more months of probation.

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Can I be fired for taking stress leave?

Employers in Alberta can’t fire non-unionized workers for using the stress leave that they are entitled to under the ESC.

If you were let go for taking stress leave, and the leave was related to a medical condition, connect with a member of our team.

There is a good chance that this would be considered disability-based discrimination under provincial and federal human rights legislation — making the termination illegal.

SEE ALSO
• Do I have to look for a new job after getting fired?
• Wrongful dismissals in Alberta: Employee rights
• Employment Law Show: Facts about the termination process

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Employment lawyers for stress leave

Facing repercussions at work for taking stress leave? Contact the experienced employment law team at Samfiru Tumarkin LLP.

In addition to employee rights, our expertise extends those who are refused STD or denied LTD benefits in Alberta for stress-related conditions.

Our Alberta LTD lawyers understand the significant impact of these denials and vigorously work to ensure that you receive the support you’re entitled to.

If you are a non-unionized employee in Alberta, B.C., or Ontario who has lost your job, or you have been denied disability benefits in any province (excluding Quebec), contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.