How to apply for stress leave in Alberta

Workplace pressures often lead to severe stress, anxiety, burnout, or depression. In Alberta, stress leave gives workers the chance to prioritize their mental well-being without risking their employment. Read on to explore all your rights, application procedures, and available benefits of mental health leave in this article.

What is Stress Leave in Alberta?

Stress leave in Alberta refers to a period of time off work that an employee takes to address and recover from stress-related health issues. While the term stress leave is not explicitly defined in Alberta’s employment legislation, it can often fall under the broader categories of personal sickness or injury.

The Employment Standards Code and the Alberta Human Rights Act primarily govern Alberta’s legal framework for stress leave. They provide the foundation for employee rights and employer obligations regarding stress-related leave.

Under the Employment Standards Code, employees are entitled to up to 16 weeks of unpaid, job-protected leave for long-term personal sickness or injury in a calendar year. This protection extends to both full-time and part-time workers, regardless of company size (as per Alberta employment standards legislation).

Source: https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/leaves.html

Who is Eligible for Stress Leave in Alberta?

To be eligible for stress leave in Alberta, employees must meet 3 conditions:

• The stress must be severe enough to impact the employee’s ability to perform their job duties effectively.
• The condition should be recognized and documented by a qualified healthcare professional.
• The stress-related condition should not be a result of the employee’s own misconduct or negligence.

Eligibility for stress leave in Alberta also depends on the length of employment:

• For personal and family responsibility leave (up to 5 days): Employees must have been employed with the same employer for at least 90 days.
• For long-term illness and injury leave (up to 16 weeks): Employees must have been employed with the same employer for at least 90 days.

These requirements ensure that employees have established a significant relationship with their employer before accessing job-protected leave.

Source: https://www.kotaklaw.com/stress-leave-alberta/

Is Stress Leave in Alberta Paid?

Under the Employment Standards Code, employers in Alberta are not legally required to provide paid stress leave. Both personal and family responsibility leave, and long-term illness and injury leave are statutorily unpaid. However, some employers may choose to offer paid leave as part of their benefits package or company policies.

While stress leaves itself unpaid, there are several 4 for financial support during your time off:

Employment Insurance (EI) sickness benefits

• Provides up to 55% of your earnings, to a maximum of $573 per week.
• Available for up to 15 weeks

Short-term disability (STD) insurance

• If provided by your employer or through a private plan
• Typically covers 60-80% of your regular earnings.
• Usually lasts for 3-6 months.

Long-term disability (LTD) insurance

• If provided by your employer or through a private plan
• Typically covers 60-70% of your regular earnings.
• Depending on the policy, it can last for several years or until retirement age.

Workers’ Compensation

• If your stress is directly related to a workplace injury or illness
• Provides partial wage replacement and coverage for medical expenses

It’s important to note that eligibility and coverage for these benefits can vary, and you may need to meet specific criteria to qualify.

Source: https://stlawyers.ca/blog-news/stress-leave-alberta-employee-rights/

How Do You Apply for Stress Leave in Alberta?

To apply for stress leave in Alberta, employees should be aware of these 5 steps:

Step 1: Consult with a healthcare professional: Obtain a medical assessment and documentation of your stress-related condition.

Step 2: Review your company’s policies: Familiarize yourself with your employer’s leave policies and procedures.

Step 3: Notify your employer: Inform your supervisor or HR department of your need for leave as soon as possible.

Step 4: Submit a formal request: Follow your company’s procedures for requesting leave with relevant medical documentation.

Step 5: Discuss accommodations: If applicable, discuss any workplace accommodations that might be necessary upon your return.

When applying for stress leave in Alberta, you may need to provide the following documentation:

• Medical certificate:
  – Signed by a qualified healthcare professional
  – Should outline the nature of your condition and the expected duration of leave
• Leave request form: Many employers have specific forms for requesting leave
• Accommodation request: If you’re seeking workplace accommodations, you may need to provide additional documentation outlining your needs
• Insurance claim forms: If you’re applying for STD or LTD benefits, you’ll need to complete the required insurance forms

Remember, while you need to provide sufficient information to support your leave request, you have the right to privacy regarding your medical information. Your employer should only require information that is necessary to process your leave request and make any needed accommodations.

Can an Employer Deny Stress Leave in Alberta?

While employers in Alberta are generally required to grant stress leave, there are 5 circumstances where they may have legal grounds to deny the request:

• Insufficient notice: If the employee fails to provide reasonable notice of their need for leave
• Lack of qualifying service: If the employee has not worked for the required 90 days to be eligible for leave
• Insufficient medical evidence: If the employee fails to provide adequate medical documentation to support their need for leave
• Undue hardship: In cases of accommodation requests, if granting the leave would cause undue hardship to the employer
• Pattern of abuse: If there’s evidence that the employee is misusing leave provisions

Even with these exceptions, employees in Alberta still have 5 strong protections when it comes to stress leave:

• Non-discrimination: Employers cannot discriminate against employees for taking stress leave or having a stress-related disability
• Job protection: Employees are entitled to return to their same or a comparable position after their leave
• Benefit continuation: Employers must continue to pay their share of employee benefits during the leave period
• Right to accommodation: Employers must accommodate employees with stress-related disabilities up to the point of undue hardship
• Complaint Process: Employees can file a complaint with Employment Standards or the Alberta Human Rights Commission if they believe their rights have been violated

If you believe your stress leave request has been unfairly denied, it’s advisable to:

• Communicate with your employer to understand their reasons
• Provide any additional information or documentation that may support your request
• Consider seeking legal advice if you believe your rights have been violated

It’s important to note that while these rights are protected by law, the specific details may vary depending on your employment contract and company policies. Always review your employment agreement and consult your HR department to understand your rights during stress leave.

What if You’re Terminated While on Stress Leave in Alberta?

In Alberta, employees on stress leave have significant legal protections against termination. If you believe you’ve been wrongfully dismissed while on stress leave in Alberta, consider taking following 7 steps:

Step 1: Document everything

Keep records of all communications with your employer, medical documents, and the circumstances of your dismissal.

Step 2: Request a written explanation

Ask your employer for a written explanation of the reasons for your termination.

Step 3: Review your employment contract

Check if your contract provides any additional protections or severance entitlements.

Step 4: File a complaint

You can file a complaint with Alberta Employment Standards or the Alberta Human Rights Commission, depending on the nature of your case.

Step 5: Seek legal advice

Consult with an employment lawyer who can advise you on your rights and potential courses of action.

Step 6: Consider negotiation

In some cases, it may be possible to negotiate a severance package or reinstatement with your employer.

Step 7: Explore legal action

If other avenues fail, you may need to consider legal action against your employer for wrongful dismissal.

Remember, the time limits for filing complaints or taking legal action can be short, so it’s important to act promptly if you believe you’ve been wrongfully dismissed while on stress leave in Alberta.

Read more about stress leave in other regions in Canada here.
Stress Leave in British Columbia 
Stress Leave in Ontario 
Stress Leave in Quebec
Stress Leave in Manitoba
Stress Leave in Saskatchewan

The Bottom Line

Understanding stress leave in Alberta is crucial for both employees and employers. By being aware of the legal framework, rights, and responsibilities surrounding stress leave, individuals can better manage their mental health while maintaining their employment.

Employers, in turn, can create more supportive work environments and comply with their legal obligations. As workplace stress continues to be a significant issue, it’s more important than ever to be informed about stress leave options and to work towards creating healthier, more resilient workplaces across Alberta.

Frequently Asked Questions about Stress Leave in Alberta