According to Robert Half, work-related stress affects nearly half of Canadian employees, with 47% agreeing their workplace is the most stressful part of their day. (Source)
The Yukon Territory, known for its rugged landscapes and unique work conditions, have several leave options under territorial employment standards and special programs. As such, understanding stress leave in Canada in general, and in Yukon, has become crucial for both employees and employers.
This guide examines the legal framework, eligibility criteria, and practical steps for accessing stress leave in Yukon.
What is stress leave in Yukon?
This is a period off work that employees can take to recover from excessive stress, anxiety, or other mental health challenges that may impact their ability to perform their job effectively. While not explicitly defined in Yukon’s Employment Standards Act, it is considered part of the Yukon sick leave program.
The stress should be significant enough to impact employees’ ability to perform their jobs effectively. This could include diagnosed mental health conditions like anxiety or depression.
How does sick leave for stress work in Yukon?
Employees become eligible for sick leave immediately upon employment, accruing entitlements monthly. The Employment Standards Act grants 1 day of sick leave for every month worked, up to 12 days annually. This calculation remains unaffected by previous absences due to illness or injury.
The WHO defines mental health as “a state of well-being in which the individual realizes his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully”. (Source: https://www.emro.who.int/health-topics/mental-health/introduction.html)
Thus, to qualify, employers may require a certificate from a qualified medical practitioner or nurse practitioner. This documentation must verify that the stress-related condition prevents the employee from performing their duties.
Is stress leave in Yukon paid or unpaid?
The Employment Standards Act provides unpaid sick leave for stress-related conditions. However, in most cases, it is paid depending on employer policies, government programs, and the specific circumstances of the leave. You can explore additional benefits from the 9 programs listed below:
Yukon Paid Sick Leave Rebate Program: It provides up to 40 hours of paid leave per year for eligible workers.
Employer-Specific Paid Sick Leave: The amount and duration of paid leave can vary significantly between employers. Some employers in Yukon offer paid sick leave as part of their benefits package. Employees must earn less than or equal to $36.71 per hour.
Short-Term Disability Benefits: It offers a percentage of the employee’s regular salary for a defined period. If an employee’s stress leave exceeds a few days, they may be eligible for short-term disability benefits, provided by their employer’s insurance plan.
Long-Term Disability Benefits: It provides a percentage of the employee’s salary. For prolonged stress-related absences, long-term disability benefits may be available after short-term disability benefits have been exhausted.
Employment Insurance Sickness Benefits: It provides up to 55% of earnings, to a maximum of $695 per week. Eligible employees can access up to 26 weeks of EI sickness benefits for stress-related leaves.
Vacation or Personal Days: You are paid at least 4% of your gross salary. Some employees might choose to use paid vacation days or personal days for stress leave if their employer does not offer specific paid sick leave.
Collective Agreement Provisions: Unionized employees might have additional paid leave options for stress-related absences, as outlined in their collective agreements.
Workplace Safety and Insurance Board Benefits: If the stress is directly related to workplace trauma or a compensable mental stress injury, an employee might be eligible for WSIB benefits.
Statutory Unpaid Sick Leave: It is unpaid, meaning employers are not legally required to provide compensation for these days. Under the Yukon Employment Standards Act, employees are entitled to up to 12 days of unpaid sick leave per year.
Source: https://yukon.ca/sites/yukon.ca/files/cs/cs-employment-standards-special-leave.pdf
What are the rules of stress leave in Yukon?
3 provisions in the Employment Standards Act relevant to stress leave in Yukon include:
- Sick Leave: Section 59 of the Act states that an employee is entitled to up to 12 days of unpaid sick leave per year. It can be used for stress leave of absence in Yukon because mental health is a valid reason for sick leave.
- Medical Certificates: The Act allows employers to request a medical certificate if an employee takes more than three consecutive days of sick leave. For stress leave in Yukon, this could mean providing documentation from a mental health professional.
- Return to Work: The Act ensures that upon returning from leave, employees are entitled to return to their position or a comparable one without loss of wages or benefits.
These initiatives, supported by the Yukon Workers’ Compensation Health and Safety Board, encourage employers to recognize and accommodate mental health needs. Employers and employees should consider the specific circumstances and seek legal advice when dealing with extended absences related to stress.
Can employees be terminated while on stress leave in Yukon?
Employees have significant protections against termination while on authorized leave, including stress leave. In most cases, employees cannot be explicitly terminated because they are on stress leave in Yukon.
This protection is based on 3 legal principles:
- Yukon Human Rights Act prohibits discrimination based on mental health conditions.
- Terminating an employee on medical leave, including stress leave, can be considered wrongful dismissal.
- Employment Standards Act provides job protection for employees on sick leave, which includes stress leave.
Although the rules provide strong protection, there are 5 key exceptions to be aware of:
- Business Closure or Restructuring: If a company closes down or undergoes restructuring that eliminates an employee’s position, termination may be a possible outcome.
- Unrelated Cause: An employee could be terminated for serious misconduct discovered during their absence.
- Extended Absence: In cases of prolonged absences, where the employment relationship is considered to have been frustrated, termination may be possible.
- End of Fixed-Term Contract: If an employee’s fixed-term contract expires during their stress leave, the contract may end as scheduled.
- Probationary Employees: Employees still in their probationary period may have less protection. However, termination solely due to taking stress leave would likely still be problematic.
Suppose employees believe their rights have been violated regarding stress leave. In that case, they should contact the Yukon Employment Standards Board, a union representative, or a lawyer who specializes in employment law.
How long can I take off work for stress leave?
The length of stress leave in Yukon should be based on medical advice and regular communication between the employee and employer. Four key factors usually guide the duration:
- How serious the stress-related condition is
- What treatment is needed, and how long will recovery take
- What support or changes can the workplace offer when the employee returns
- The employee’s role and how their absence affects the organization
Both employers and employees should stay flexible, as recovery from stress can vary from person to person. Regular check-ins and updated medical information can help manage expectations and plan for the employee’s return to work.
How can employers reduce the stress leave in Yukon?
According to Robert Half’s recent study, workplace stress in 2025 is 5% higher than in 2024 across Canada. The Canadian Mental Health Association reports that 1 in 5 Canadians experiences mental health problems each year.
To avoid this issue, here are 4 ways that employers can do to have a smoother recovery process and a more successful return to work.
Maintain Open Communication
Address any workplace issues that may have contributed to the employee’s stress. Respect the employee’s need for space and develop a suitable return-to-work plan. Do not forget to give them a point of contact (e.g., HR representative) to communicate with. Ensure that the reason for the employee’s absence is kept confidential.
Provide Training
Offer stress management or resilience training to all employees, including those returning from stress leave. Ensure that managers are trained to support employees with mental health concerns.
Provide information about Employee Assistance Programs (EAPs) or other mental health resources available to employees. Share details about any extended health benefits that could support their recovery.
Promote Work-Life Balance
Be open to flexible arrangements, such as a gradual increase in hours or modified duties. Consider allowing remote work options when feasible for the role.
If you are unsure about how best to support an employee, consider seeking advice from occupational health professionals or legal experts specializing in employment law.
Want to know more about stress leave across Canada? I've got them all for you!
Stress Leave in Saskatchewan
Stress Leave in Manitoba
Stress Leave in Nova Scotia
Stress Leave in New Brunswick
Stress Leave in Newfoundland and Labrador
Stress Leave in Nunavut
Stress Leave in Ontario
Stress Leave in British Columbia
Stress Leave in Quebec
Stress Leave in Alberta
The bottom line
Workers in Yukon often face higher stress levels due to long winters, remote locations, and a sense of isolation. Because of this, taking stress leave in Yukon means understanding not only the legal rules but also the territory’s unique working conditions.
Everyone involved should handle these situations carefully and consider getting professional advice to help maintain balance and stability.
FAQs about Stress Leave in Yukon
How do I apply for stress leave in Yukon?
You will need to notify your employer and provide a doctor’s note or other medical evidence showing that you need time off due to stress or a related mental health issue.
Can my employer refuse my request for stress leave in Yukon?
If you provide proper medical documentation, your employer must allow you to take sick leave, including stress-related leave. Refusal may be a violation of your rights.
What happens when I return to work from stress leave in Yukon?
Your employer should try to make reasonable accommodations to support your return. It might include a gradual return, reduced hours, or adjusted duties, depending on your needs.
