Stress leave and employee productivity: Employment lawyer with Business in Calgary

Interview Summary

Studies from LinkedIn and Hays Specialist Recruitment Canada have noticed a correlation between stress leave, sick days and unhappy employees in the workplace. While employers want to see continued productivity and efficiency from their staff, employee absences can affect morale. Another difficulty lies in the ability to prove a need for stress leave and the necessary accommodations.

Lluc Cerda, an employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with Business in Calgary to discuss employee burnout, stress leaves and productivity in the workplace.

Interview Notes

• Accommodations in the workplace: Cerda explained the obligations required of employers to accommodate employees struggling with their mental health, and the various ways this can take place. “Alberta’s Human Rights Act requires employers to accommodate disabilities up to the point of undue hardship. Accommodation is not just about time off. It is a common misconception that accommodating an employee with mental health challenges always means granting leave,” said Cerda. “In many cases, accommodations could include modified duties, flexible hours or even a temporary work-from-home arrangement.”
• Need for a doctor’s note: To receive ongoing accommodations and protections, Cerda explained that a doctor’s note is required for most employees. “Employees must provide medical documentation from their doctor about whether they are fit to work or require accommodation at work and to justify their leave, including outlining restrictions and giving their employer updates about their condition.”
• Takeaways for employers and employees: “Education is the real challenge,” Cerda commented. “Employees need to understand both their rights and their responsibilities under human rights laws. And employers need a better grasp of their duty to accommodate. Closing this knowledge gap is the key to a better future for Alberta workplaces.”

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Doctor’s Notes in Ontario
• Employment Law Show – Workplace burnout and stress