Stress Leave: New Brunswick's Guide

Stress leave is not mandated by federal legislation in Canada, but it can be considered a health matter and fall under sick leave in the Canada Labour Code. In New Brunswick, the Employment Standards Act of 1982 governs the terms and conditions of employment, including leave. While there is no specific mention of stress leave, employees can take sick leave or time off for health matters. Employees are eligible for up to five days of unpaid sick leave per year if they have worked for the same employer for at least 90 days. For longer periods of leave, a medical certificate is usually required.

Stress leave is not an official policy in Canada

While stress leave is not an official policy in Canada, there are other ways to take time off work to focus on your mental health. In Canada, time off for stress-related issues is generally considered a health matter and falls under "sick leave" in the Canada Labour Code.

If you have worked for the same employer for at least three months in a row, you are entitled to sick leave protection. Your employer cannot legally terminate you for a legitimate medical absence. You also cannot be suspended, demoted, or disciplined for taking time off due to illness or injury. The maximum amount of time you can take off is usually 17 weeks, and you will need a medical certificate.

If you have used all of your sick leave, your company does not provide top-ups, and you do not have disability coverage, your employer must still work with you to facilitate your return to work in a manageable way. This may include providing accommodations in the workplace.

If you are unable to take sick leave, there are other approaches to managing stress at work. You can try to find ways to manage the pressures in your job or use your company's free and confidential Employee Assistance Program (EAP) if one is available. You can also look for a less stressful position at work or disclose your difficulties to management or HR to request temporary relief.

Time off for stress-related issues is considered a health matter

In New Brunswick, time off for stress-related issues is considered a health matter and falls under "sick leave" in the Canada Labour Code. While there is no official policy for stress leave in Canada, employees in New Brunswick are entitled to up to five days of unpaid sick leave each calendar year. This provision is outlined in the province's Employment Standards Act of 1982, which governs the terms and conditions of employment, including leave.

To be eligible for sick leave, employees must have worked for the same employer for at least 90 days. If an employee needs to take a leave of absence for more than four consecutive calendar days, the employer may require a certificate from a medical practitioner certifying that the employee is incapable of working due to illness or injury.

While stress leave is not mandated by federal legislation in Canada, employees are protected from being terminated for taking legitimate medical leave. Additionally, employees cannot be suspended, demoted, or disciplined for taking sick leave. The maximum duration of sick leave is typically 17 weeks, and employees may need to provide a medical certificate.

It is important to note that the language surrounding sick leave may deter employees from disclosing their stress to employers until it becomes severe. As stress is not always equated with being sick, individuals may wait until they feel burned out before taking time off. Therefore, it is in the employer's best interest to create a work climate that is sensitive to stress and to provide support for employees experiencing stress-related issues.

Employees are entitled to sick leave protection if they've worked for at least three months

In New Brunswick, employees are entitled to job-protected sick leave if they have worked for the same employer for more than 90 days. This means that they can take time off work due to illness without losing their job. This is in accordance with the New Brunswick Employment Standards Act, which requires employers to grant periods of leave to employees in certain situations.

Sick leave provides personnel with protection against the loss of salary during periods when they cannot work due to illness. This means that employees can take up to five unpaid sick days per 12-month period without losing their job or any accumulated benefits or pay. If an employee is on sick leave for four or more consecutive days, they must provide a note to their employer signed by a qualified medical practitioner.

Sick leave is applicable to management and non-union employees of Part I of the Public Service. It does not apply to individuals working on a casual or temporary basis with less than six months of continuous service, unionized employees, or those on a personal service contract.

For regular full-time employees, one sick leave credit is deducted for each absence of half a day or less, and half a credit is deducted for each absence of more than half a day. Sick leave credits are accumulated at a rate of 1.25 days per month, up to a maximum of 240 days.

Employees should notify their supervisor immediately of any absence due to illness and ensure that they have adequate sick leave credits. The supervisor may then grant the leave and ensure that a record is maintained. Upon returning to work, the employee must complete the appropriate departmental or agency documentation.

Employees can take a mental health day as an unofficial short-term stress leave option

In New Brunswick, employees can take a mental health day as an unofficial short-term stress leave option. While there is no specific legislation mandating stress leave, employees can utilise other types of leave to address their mental health needs.

The New Brunswick Employment Standards Act outlines various provisions for leave, including sick leave. Employees can take up to five unpaid sick days per 12-month period. If an employee is on sick leave for more than four consecutive days, they must provide a note from a qualified medical practitioner. Additionally, casual or temporary employees who have completed at least six months of continuous service are eligible for sick leave.

Another option is to take advantage of the family responsibility leave, which allows employees to take up to three days off per year without pay to address the health, care, or education needs of a close family member. This type of leave can be used to deal with mental health issues affecting a family member, providing employees with some flexibility to focus on their own mental well-being when needed.

It is important to note that the availability and specifics of these leave options may vary depending on the employer and the collective agreement in place. Employees should refer to their specific workplace policies and procedures to understand their entitlements and requirements for taking leave.

While taking a mental health day can be a helpful short-term option, it is crucial for employees to have access to additional resources and support for their mental health. New Brunswick offers various mental health resources, such as the Chimo Helpline, a provincial crisis phone line accessible 24/7 for all residents.

Employees can ask their employer about an Employee Assistance Program (EAP)

Employees in New Brunswick can ask their employer about an Employee Assistance Program (EAP). This is a voluntary, work-based program that provides free and confidential support to employees facing personal or work-related challenges. An EAP can help employees manage a wide range of issues, including stress, anxiety, depression, substance abuse, family problems, and psychological disorders.

EAP services typically include assessment, short-term counselling, referral, and follow-up. Employees can confidentially contact the program at any time and immediately speak with a professional. EAPs also provide management consultation and coaching services to help organisations address employee and organisational needs. These services are designed to help employers and employees work together to create a healthier and more productive work environment.

Additionally, EAPs can assist in reducing workplace issues such as violence, disciplinary action, turnover, and retraining costs. They can also provide training and resources for legal, financial, and health and wellness concerns.

By offering an EAP, employers can demonstrate their commitment to the well-being of their employees and promote a culture of support and assistance. Employees can benefit from having access to confidential and professional help to manage their personal and work-related challenges, ultimately improving their overall well-being and job performance.

It is important to note that the availability and specifics of EAPs may vary depending on the organisation and location. Employees are encouraged to reach out to their employer or human resources department to learn more about the specific EAP offerings available to them.

Frequently asked questions