Stress Leave in Quebec: Can you get sick leave for burnout?

Stress leave is a type of job-protected leave that allows employees to take time off work to address stress-related mental health concerns. In Quebec, this type of leave is governed by the Act Respecting Labour Standards, which protects employees facing health challenges, including mental health and stress.

We will provide a detailed exploration of stress leave in Quebec, arming you with essential knowledge about your rights, responsibilities, and the legal framework surrounding this critical workplace issue.

How does labour law define stress leave in Quebec?

While not explicitly defined in Quebec’s labour laws, stress leave falls under the broader category of sick leave or leave for health reasons.

Section 79.1 of the Act states:

“An employee may be absent from work for not more than 26 weeks over 12 months, owing to sickness, an organ or tissue donation for transplant, an accident, domestic violence or sexual violence of which the employee has been a victim.”(Source)

This provision is interpreted to include stress-related illnesses, provided they are supported by appropriate medical documentation.

Can I get a leave of absence for stress in Quebec?

Yes. Most employees are allowed to take burnout leave in Quebec under the Act Respecting Labour Standards.

To obtain it, you need to understand what qualifies for leave of absence entitlements in Quebec. This is also a necessary condition when requesting stress leave. There are 4 factors to consider:

• Employment Status: Full-time, part-time, and temporary employees are generally eligible. Self-employed individuals and independent contractors are not covered.
• Length of Service: There’s no minimum time you need to work before qualifying for unpaid leave due to illness or injury. However, to receive the two paid sick days per year, you must have been employed by the same employer for at least three months.
• Medical Proof: Employers may request a doctor’s note for burnout leave in Quebec.
• Excluded Employees: Certain employees, such as senior managers, may be exempt from some of the protections under the law.

Although most workers are eligible, the length and approval of work stress leave can vary depending on your personal situation and your doctor’s recommendations.

Why is stress leave in Quebec important for employees and employers?

According to a 2023 report by Research Co, 64% of Canadians described their work as “very stressful” or “moderately stressful.” This high workplace stress has significant implications for both employees and employers. (Source)

For employees, work stress leave provides a crucial opportunity to:

• Recover from burnout and mental health challenges
• Seek necessary medical treatment or therapy
• Improve overall well-being and work-life balance

For employers, recognizing and supporting burnout leave can lead to:

• Increased employee productivity and engagement upon return
• Reduced long-term absenteeism and turnover
• Improved workplace culture and employee loyalty

Therefore, it’s important for both employees and employers in Quebec to understand how it works, so they can handle the process properly and follow provincial labour laws.

What is the application process for stress leave in Quebec?

The process for applying for burnout leave in Quebec involves 3 steps:

Step 1: Consult a Healthcare Professional

Employees should first recognize when stress is significantly impacting their health and ability to work. Then, it is advisable to consult a doctor or mental health professional who can assess the situation and provide a medical recommendation for leave.

Step 2: Notify the Employer

Employees must inform their employer about their need for leave as soon as possible. It can be provided in a written notice and documentation required, or done verbally. If possible, give an estimated duration of the leave based on medical advice.

Employees should also know their right to privacy regarding their medical information. If you feel that your employer is requesting information beyond what is necessary, you may want to consult with a labour lawyer or the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) for guidance.

Step 3: Understand Your Rights

If you can, help plan the handover of your work. Learn your rights under Quebec’s labour laws and check your employer’s policy for extra benefits. Also, agree on how and when you will stay in touch during your leave.

How long can employees be off work for stress in Quebec?

The duration of work stress leave in Quebec can vary depending on the employee’s needs and medical recommendations. According to the Act Respecting Labour Standards:

Employees can take up to 26 weeks of leave over 12 months for health reasons, including stress-related illnesses. These 26 weeks can be taken without being consecutive. It can be split into multiple periods as needed.

In cases of severe illness or injury, the leave can be extended beyond 26 weeks. However, it requires additional medical documentation and may fall under different provisions of the Act.

With their employer’s consent, employees may return to work intermittently or part-time during their leave period.

Is stress leave in Quebec paid or unpaid?

Burnout leave in Quebec is mostly unpaid because Quebec law protects employees who need time off for mental or physical health reasons.

There are 5 important programs to consider when you need a burnout leave in Quebec:

• Paid Days: The first two days of absence per year for health reasons (including stress) are paid for employees with at least 3 months of continuous service. This amounts to 1/20 of the wages earned during the four complete weeks preceding the week of absence, excluding overtime.
• Employer Policies: Some employers may offer more generous paid leave policies that exceed the legal minimum.
• Short-Term Disability Insurance: Many employees can access short-term disability insurance through their employer or through private plans, which provide partial income replacement during work stress leave.
• Employment Insurance Sickness Benefits: Eligible employees may qualify for up to 15 weeks of EI sickness benefits, which provide 55% of their earnings up to a maximum amount.
• Quebec Pension Plan Disability Benefits: Employees with longer-term disabilities, including those related to stress, may be eligible for QPP disability benefits.

What responsibilities do employers have for stress leave in Quebec?

Employers have 8 key responsibilities when it comes to mental health leave of absence in Quebec:

• Granting Leave: Under the Act Respecting Labour Standards, employers must allow eligible employees to take burnout leave as part of their sick leave entitlement.
• Job Protection: Upon the employee’s return from medical leave in Quebec, the employer must reinstate them to their former position with the same benefits.
• Confidentiality: Employers must maintain the confidentiality of the employee’s medical information and the reason for leave.
• Non-Discrimination: Employers cannot discriminate against or penalize employees for taking burnout leave.
• Continuation of Benefits: During the leave, participation in group insurance and pension plans must continue if the employee pays their share of the premiums.
• Accommodation: If a healthcare professional recommends reasonable accommodation upon the employee’s return, employers may need to provide it.
• Documentation: Employers can request medical certificates to justify extended absences, but should not request specific diagnoses.
• Communication: Employers should maintain open and respectful communication with employees on leave, balancing their privacy with the need for a smooth return-to-work process.

What are the challenges and controversies related to stress leave in Quebec?

While Quebec provides legal protection for stress leave, there are still 4 common issues:

• Stigma: Despite increased awareness, mental health issues, including stress, still carry a stigma in many workplaces. According to a 2020 survey by the Mental Health Commission of Canada, 33% of Canadians are afraid of losing their job if they disclose a mental health problem.

• Proving Need: Unlike physical ailments, stress can be challenging to quantify or prove, which may lead to potential disputes between employees and employers. The largely unpaid nature of stress leave can cause financial hardship for employees.

• Abuse Concerns: Some employers worry about potential abuse of stress leave policies, which can lead to overly strict enforcement. Employers may struggle to manage workloads and maintain productivity when key employees are on long-term sick leave in Quebec.

• Accommodation Disputes: Disagreements may arise over what constitutes reasonable accommodation for employees returning from burnout leave. There’s an ongoing debate about whether enough is being done to prevent workplace stress rather than just treating its effects.

The most appropriate method for resolution will depend on the specific circumstances of the dispute. It’s often advisable for both employees and employers to seek legal advice when navigating complex stress leave disputes.

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

The bottom line

In short, stress leave in Quebec plays an important role in supporting employee well-being. As mental health awareness grows, policies are expected to change and improve.

When employees and employers understand how stress leave works, it helps build a healthier, more supportive, and more productive workplace. This shared understanding encourages open communication, early action to manage stress, and a stronger, more resilient team.

FAQs about mental health leave of absence in Quebec