Do you know that workers in the NWT are allowed to take time off if experiencing burnout that affects their job performance? Employment laws in the area recognize mental health issues as legitimate reasons for sick leave. Moreover, human rights legislation provides additional protections for stress leave in Northwest Territories.
However, are these provisions the same as stress leave in Canada? Understanding these rights helps employees navigate workplace mental health challenges while maintaining job security.
What is Stress Leave in the Northwest Territories?
Stress leave in the Northwest Territories refers to extended periods off work that employees here are allowed to take specifically to deal with mental health conditions arising from stressful work situations, environments, organizational dysfunction, or interpersonal issues occurring in the workplace.
It provides symptomatic relief as well as address the root causes of conditions like anxiety, depression, PTSD, severe burnout, and compassion fatigue. Employees may use stress leave in the Northwest Territories intermittently as issues arise or take a longer continuous block of leave depending on circumstances.
6 examples of situations where stress leave in the Northwest Territories may be warranted include:
- An employee experiencing panic attacks, emotional meltdowns, or an inability to get out of bed due to anxiety or depression related to workplace stressors.
- A healthcare worker is developing PTSD symptoms following a traumatic event at work.
- Teachers are emotionally exhausted and unable to cope with job demands.
- An individual whose marriage or family life is under strain due to the demands of an overly stressful job.
- An employee turning to alcoholism or substance abuse as a coping mechanism for high workplace stress.
- Any instance where an employee feels completely overwhelmed, stretched to the breaking point, or unable to psychologically handle their work environment without time to recover.
Is There a Legal Right to Stress Leave in the Northwest Territories?
The Employment Standards Act does not explicitly define stress leave as a separate category. Instead, it falls under the sick leave provisions with minimum leave entitlements of 5 unpaid days annually. Employees who’ve worked at least 30 days become eligible when incapacitated by illness or injury.
These days can be taken consecutively or separately throughout the year. Employers may count partial days as full days at their discretion. It means a half-day absence for stress could consume one full day of entitlement.
When 5 days prove insufficient for mental health recovery, the Human Rights Code requires employers to provide additional unpaid leave as accommodation.
What Leave Options Currently Exist for Northwest Territories Employees?
Let’s explore 3 existing time off options that employees can use to manage stress-related needs:
Sick Leave
Some employers may require doctor’s notes for sick days, which employees could obtain to document their mental health status. However, workplaces are not guaranteed to allow sick leave for stress disorders as opposed to physical ailments.
Compassionate Care Leave
Northwest Territories employees are entitled to 27 weeks of unpaid compassionate care leave within 52 weeks to provide end-of-life support for a gravely ill family member. In extreme cases, it is possible that this could be used by an employee whose own mental health has deteriorated due to witnessing the family member’s condition and care.
Source: https://www.gov.nt.ca/en/newsroom/new-and-enhanced-employment-leave-provisions
Leaves of Absence
Some employers may be willing to grant leaves of absence for documented mental health reasons arising from workplace stressors. However, they are not legally required to do so in the Northwest Territories. The length and payment status would be discretionary.
How Does the Northwest Territories Compare to Other Parts of Canada?
The lack of guaranteed legislative stress leave protections for Northwest Territories employees contrasts sharply with most other parts of Canada that have moved to modernize employment standards:
- Federal Government Employees – Have access to up to 10 days of paid medical leave annually for mental or physical health conditions.
- Ontario – Passed reforms in 2021, granting Ontario employees up to 3 paid mental health sick days annually through provisions in the ESA.
- Manitoba – Provide employees with up to 3 unpaid days off per year specifically for family responsibilities and personal illness.
- Quebec—Quebec employees are entitled to up to 26 weeks of partially paid leave for mental health reasons under what is called “serious mental health condition leave.”
- Saskatchewan – Allows employees certified by a doctor as having a mental illness or addiction to take up to 12 weeks of protected leave for treatment and recovery.
- Yukon—The Yukon provides employees with up to 12 unpaid days off per year to address psychological wellness.
So the Northwest Territories is undoubtedly in the minority of Canadian regions that have not updated employment standards to provide some statutory right to stress leave, whether paid or unpaid. Whereas most other provinces now ensure a minimum level of workplace psychological health and safety for employees.
If you want to know more in detail about stress leave across Canada, take a look at our list below:
Stress Leave in Ontario
Stress Leave in Manitoba
Stress Leave in Quebec
Stress Leave in Saskatchewan
Stress Leave in Yukon
Stress Leave in Nova Scotia
Stress Leave in New Brunswick
Stress Leave in Newfoundland and Labrador
Stress Leave in Nunavut
Stress Leave in British Columbia
Stress Leave in Alberta
Stress Leave in Prince Edward Island
What are the Benefits of Offering Stress Leave in the Northwest Territories?
Taking time off when experiencing burnout offers employees in the Northwest Territories 5 big benefits:
Improved Employee Mental Health
Employees have extended time off to access treatment and practice self-care to regain psychological functioning. This can prevent worsening of conditions over time.
Increased Productivity
Research shows that conditions like burnout, compassion fatigue, PTSD, and untreated mental health issues decrease employee performance and workplace productivity. So, access to stress leave in the Northwest Territories can help employees focus, concentrate, be motivated, and produce better output.
Better Talent Attraction and Retention
The vast majority of Canadian workers feel employers should provide mental health leave options as part of a total rewards package. Such policies can give Northwest Territories businesses a competitive advantage in attracting and retaining skilled talent.
Reduced Disability Claims
Allowing short-term medically approved stress leaves as issues arise can prevent some mental health cases from later progressing into much costlier long-term disability claims.
Healthier Workplace Culture
Organizations that are more open and transparent about workplace stress through robust leave policies tend to have better organizational culture, engagement, inclusion, and team cohesion.
So, on top of being the right thing to do for employees, evidence shows that offering well-planned stress leave in the Northwest Territories is also good for an employer’s productivity, performance, and culture.
What Stress Leave Choices Do NWT Employers Have?
Even though it’s not yet law in the Northwest Territories, employers who want to support their team’s mental health have 6 different options for offering stress leave:
Paid Stress Leave Allowance—Employers can provide employees with a specified number of dedicated paid stress days off per year for mental health leaves as needed, without having to use sick days or vacation time. These days function as mental health days.
Unpaid Stress Leave Policy—A formal stress leave policy could be implemented, allowing employees to take extended unpaid time off for medically documented mental health crises like severe burnout.
Use Sick Days— Employers may specify that guaranteed unpaid sick days provided under the Employment Standards Act can be utilized for validated stress leaves.
Use Vacation Time—If the workplace culture is supportive, employees could be accommodated by taking unused paid vacation time off when experiencing anxiety, trauma, or extreme job exhaustion.
Hybrid Model—For cases requiring more extended time, a few paid stress days could be combined with a formal unpaid leave policy.
Stress Leave Policy— Even without providing paid dedicated days, a well-crafted stress leave policy outlining processes and expectations benefits employees by formalizing time off rights.
So, NWT employers have options to design policies that support employees by promoting workplace mental health.
Calls for Legal Reform in the Northwest Territories
The fact that dedicated stress leave in the Northwest Territories remains at the discretion of each Northwest Territories employer rather than enshrined as a statutory right for all employees has led to growing calls for reforms to the territory’s Employment Standards Act, including:
| Labour Groups | In 2021, the Northern Territories Federation of Labour called on the territorial government to follow Ontario’s lead by legislating guaranteed paid mental health leave for employees. |
| Individual MLAs | In 2021, Great Slave MLA Katrina Nokleby introduced a private members bill to amend the Employment Standards Act to provide a minimum of 3 paid stress days annually. However, it did not pass. |
| Mental Health Advocates | Organizations like the Northwest Territories Disabilities Council and Yellowknife Women’s Society have recommended legislating paid stress leave during the 2020 public review of the act. |
| Young Workers | Presentations to the Standing Committee on Economic Development and Environment have called inadequate mental health support a barrier to attracting and retaining young talent in the Northwest Territories. |
| Recent Public Campaigns | In 2021, Great Slave MLA Katrina Nokleby introduced a private member’s bill to amend the Employment Standards Act to provide a minimum of 3 paid stress days annually. However, it did not pass. |
There appears to be a growing consensus among labour groups, individual legislators, mental health experts, and workers themselves that reforms are needed to align the Northwest Territories’s employment standards with those of the rest of Canada regarding statutory protections for employee mental health and psychological safety in the workplace.
Thus far, the territorial government has yet to move forward with any amendments to enshrine stress leave rights. However, advocacy continues in the background, suggesting that pressures may eventually build up to a tipping point that spurs legislative action.
The bottom line
Stress leave in Northwest Territories provides helpful protection for workers. Be aware that employers cannot deny requests supported by proper documentation. Therefore, understanding these rights helps both employees and employers manage mental health more effectively, supporting safe and productive workplaces.
Frequently Asked Questions about Stress Leave in the Northwest Territories
Is there a legal right to stress leave in the NWT?
No, unlike some other Canadian jurisdictions, there is currently no law in the Northwest Territories guaranteeing employees a right to any stress leave, paid or unpaid. Any mental health leave provided is voluntary on the employer’s part.
What leave options do NWT employees have?
With no dedicated stress leave category, employees may be able to utilize sick days, compassionate care leave, or general leaves of absence for stress disorders in some cases, if the employer agrees. But there is no statutory leave specifically for mental health.
How does the NWT compare to the rest of Canada?
The NWT is one of the only regions in Canada without laws ensuring some minimum amount of stress leave for employees. Most provinces/territories now provide legal rights to paid or unpaid time off for mental health issues arising at work.
What are the benefits of offering stress leave?
Research shows that access to stress leave can improve worker mental health, reduce absenteeism, increase productivity, attract talent, and lead to a healthier workplace culture. Preventing worsening conditions saves costs.
What options do long-term employers have?
Though not required by law, employers can choose to offer paid stress days, unpaid stress leave policies, use sick/vacation time for stress, or craft formal mental health leave policies as part of benefits packages.
