Stress leave in Canada has become an increasingly important employee benefit as workplaces demands rise, and mental health issues become more prevalent. This type of leave provides workers with dedicated paid or unpaid time off to cope with psychological conditions stemming from on-the-job stress and anxiety. However, the Northwest Territories is one region in Canada that currently lacks laws mandating any form of stress leave for employees.
This article will examine what exactly stress leave entails, reasons employees may need stress leave in the Northwest Territories, what existing leave options territorial workers have, how the Northwest Territories compares to other parts of the country, the multitude of benefits associated with offering stress leave, the creative options employers have for providing mental health leave, the growing calls for reform of Northwest Territories employment standards, and what the future could potentially hold on this issue.
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.
This type of leave is designed to provide symptomatic relief as well as address the root causes of conditions like anxiety, depression, PTSD, severe burnout, and compassion fatigue. Employees may utilize stress leave in the Northwest Territories intermittently as issues arise or take one longer continuous block of leave depending on circumstances.
Some 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 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.
Stress leave in the Northwest Territories allows these employees extended time away from the anxiety-inducing workplace to access counselling, engage in self-care, undergo therapy, and generally regroup and recover. It aims to prevent worsening of mental health issues and more extended disability leaves down the road. Employees do not risk losing their jobs or income while attending to psychological injuries.
Is There a Legal Right to Stress Leave in the Northwest Territories?
Now that we’ve defined stress leave in the Northwest Territories, what does the current legal situation look like in the Northwest Territories? The answer is that there is no statutory right to stress leave for employees in the territory.
The Northwest Territories Employment Standards Act lays out various categories of job-protected leave, such as bereavement leave, compassionate care leave, sick leave, and maternity leave. However, there are currently no provisions within the act that explicitly grant employees the right to dedicated paid or unpaid time off to cope with workplace mental health issues like high stress, anxiety, depression, or burnout.
These types of psychological problems are frequent side effects of modern work environments. However, the law does not classify them as distinct from physical illnesses when it comes to leave rights in the Northwest Territories. NWT Employees have no legal entitlement to take stress leave in the Northwest Territories per se.
This makes the Northwest Territories an outlier compared to most other Canadian provinces and territories that have updated employment standards legislation to provide guaranteed rights to some form of stress leave in the Northwest Territories for NWT employees, paid or unpaid. We will examine precisely how the Northwest Territories compares later on.
But the key takeaway for now is there is presently no statutory legal obligation for Northwest Territories employers to provide any set amount of stress leave in the Northwest Territories, mental health leave, or psychological leave for employees suffering from workplace-induced anxiety, trauma, burnout, or other mental health conditions. Any stress leave granted is at the voluntary discretion of employers.
What Leave Options Currently Exist for Northwest Territories Employees?
Given the lack of dedicated legal stress leave categories, what existing time off options do employees currently have that could potentially be utilized for stress-related reasons in the Northwest Territories?
Sick Leave
Under the Employment Standards Act, Northwest Territories employees are entitled to 5 days of unpaid job-protected sick leave annually once they have been employed with the same employer for 30 days.
Source: https://www.ece.gov.nt.ca/sites/ece/files/resources/knowyourrightsbrochure-07jan20_0.pdf
These sick days are meant for physical illnesses and injuries. However, in theory, they could also be used for mental health-related absences if an employee is suffering from severe stress, anxiety, depression or other psychological issues connected to workplace conditions.
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 this could be utilized by an employee whose own mental health has deteriorated due to witnessing the family member’s condition and care.
However, this provision is mainly intended for terminal illness cases and is not an ideal option for everyday workplace stress leave purposes. Most employees would not qualify to use their entire 27-week allocation for stress disorders alone.
Source: https://www.gov.nt.ca/en/newsroom/new-and-enhanced-employment-leave-provisions
Leaves of Absence
Northwest Territories employees can negotiate with their employer to take extended unpaid leaves of absence for personal reasons, including potentially stress leave purposes. This is contingent on securing the employer’s agreement.
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.
In summary, current Northwest Territories employees have no dedicated leave category for stress conditions. In some limited circumstances, existing provisions for sick time, compassionate care, and general leaves of absence could be utilized for stress-related absences. But there is no guaranteed legal right to protected time off for mental health reasons.
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 the Canada that have moved to modernize employment standards:
- Federal Government Employees – Have access to up to 20 weeks of paid medical leave for mental or physical health conditions. This covers disorders like burnout, anxiety, and PTSD stemming from workplace stress.
- Ontario – Passed reforms in 2021, granting Ontario employees up to 3 paid mental health sick days annually through provisions in the Working for Workers Act.
Learn more: Stress Leave in Ontario
- Manitoba – Amended its Employment Standards Code in 2022 to require employers to provide employees with up to 3 paid days off per year specifically for psychological health and safety in the workplace.
Learn more: Stress Leave in Manitoba
- 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.” This leave is separate from sick leave.
Learn more: Stress Leave in Quebec
- 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.
Learn more: Stress Leave in Saskatchewan
- Yukon—In 2022, the Yukon became the latest jurisdiction to enact dedicated mental health leave, providing employees three paid days off per year to address psychological wellness.
Learn more: Stress Leave in Yukon
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. Most other provinces now ensure a minimum level of workplace psychological health and safety for employees.
It is difficult for the Northwest Territories to compete for talent and investment without modernized laws reflecting the 21st-century realities of Canada’s workplace mental health landscape. Next, we examine why employers themselves also benefit from introducing stress leave in the Northwest Territories.
What are the Benefits of Offering Stress Leave in the Northwest Territories?
Though stress leave in the Northwest Territories remains an optional benefit not mandated by law, Northwest Territories employers that take the initiative to provide this form of leave could see advantages beyond simply supporting their employees, including:
Improved Employee Mental Health
Employees struggling with severe anxiety, depression, or burnout obviously benefit through 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 overwhelmingly shows that conditions like burnout, compassion fatigue, PTSD, and untreated mental health issues decrease employee performance and workplace productivity. Access to stress leave in the Northwest Territories and reduction in issues can help restore employee focus, concentration, motivation, and output.
Lower Absenteeism
According to the 2022 Mental Health Index, Canadian employees dealing with mental health problems miss an average of 15 additional days of work per year compared to their peers. Access to stress leave in the Northwest Territories reduces the need for unplanned absences, improving attendance.
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. This is a form of short-term loss mitigation.
Healthier Workplace Culture
Organizations that cultivate more openness and transparency about workplace stress through robust leave policies tend to have better organizational culture, engagement, inclusion, and team cohesion.
So, in addition to being the right thing to do for employees, evidence indicates that voluntarily offering properly designed stress leave in the Northwest Territories can also be good for Northwest Territories employers’ productivity, human capital, performance, and culture. Next, we look at the options available.
What Workplace Stress Leave in the Northwest Territories Options Do NWT Employers Have?
Though not yet required by Northwest Territories law, forward-thinking territorial employers interested in worker psychological health do have several options when it comes to workplace stress leave in the Northwest Territories:
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, despite the lack of territorial laws mandating stress leave in the Northwest Territories, 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 | The “Mind the Workplace” campaign launched by mental health groups in 2022 advocates for workplace psychological health law reforms. |
There appears to be growing consensus among labor 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.
Want to know more about stress leave across Canada? I've got them all for you!
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
Conclusions on Stress Leave in the Northwest Territories
The Northwest Territories is currently one of the only regions in Canada without laws guaranteeing employees some form of dedicated stress leave in the Northwest Territories for medically documented mental health issues stemming from workplace stress and pressure.
No legal entitlements exist, but some leave options, such as sick time, compassionate care leave, or general leaves of absence, could be utilized for stress disorders if employers consent.
Research indicates that access to properly structured stress leave in the Northwest Territories can benefit employees and Northwest Territories business productivity, attendance, recruitment, costs, and workplace culture.
Even absent legal requirements, Northwest Territories employers can craft paid and unpaid stress leave policies to support worker mental health as part of total rewards packages.
A growing chorus of voices suggests that the time is approaching for the Northwest Territories to follow other regions in amending employment standards to reflect 21st-century psychological health priorities.
With rates of reported workplace stress rising across Canada and mental health emerging as a policy priority, the lack of statutory stress leave protections for Northwest Territories employees may prompt questions around regional competitiveness in today’s tight post-COVID talent market.
However, Northwest Territories employers have opportunities to demonstrate leadership in psychological health and safety ahead of potential future legal reforms. Those taking action to support worker mental well-being today could find themselves ahead of the curve when change ultimately comes.
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 specially 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 access to stress leave can improve worker mental health, reduce absenteeism, increase productivity, attract talent, and lead to healthier workplace culture. Preventing worsening conditions saves costs.
What options do NWT 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.
Article Sources
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