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Stress Leave in Edmonton: Rights, Rules, and Realities

January 2025 from Business Edmonton

Stress leave has become an increasingly prevalent issue in Edmonton workplaces, reflecting broader trends in employee mental health challenges. As burnout and chronic stress surge, both employees and employers face complex challenges in managing this sensitive issue.

 

The Rise of Stress Leave in Edmonton

Over the past decade, stress-related leave has surged, influenced by economic uncertainties, the pandemic, and increased awareness of mental health. Eric Lam, managing partner at Taylor Janis Workplace Law, notes, “There has been a dramatic rise in the incidence of stress and mental health leaves in the workplace.” Factors like financial pressures, job insecurity, and workplace changes contribute to this trend.

A study highlighted by LinkedIn’s Workforce Confidence survey found that 40% of workers feel burned out, with onsite employees and women particularly affected. Younger employees report higher stress levels, with many considering leaving their jobs; 71% dream about quitting, according to Hays Specialist Recruitment Canada.

 

Employee Rights Under Alberta Law

Stress leave and its protections are governed by Alberta’s Employment Standards Code and the Alberta Human Rights Act (AHRC). While stress alone isn’t classified as a disability, stress-related conditions tied to a diagnosed mental health condition are protected.

Deborah Abiola from the AHRC explains, “Employers have a duty to accommodate mental and physical disabilities in the workplace. This includes allowing for leaves from work when an employee is medically unable to work due to disability.” Employees are entitled to up to 16 weeks of unpaid, job-protected leave for illness, injury, or quarantine, including stress-related conditions.

However, employees must provide medical documentation to validate the leave. Lam emphasizes, “The onus is on the employee to provide the medical note or certificate…indicating the leave date and expected return.”

 

Employer Responsibilities and Challenges

Employers are required to accommodate employees returning from stress leave within medically supported guidelines unless it causes undue hardship. This often includes adjusting schedules, workloads, or roles. However, managing chronic stress leave can be challenging.

As Lam explains, the boundary between legitimate leave and workplace toxicity is delicate. Chronic stress can lead to inefficiency, absenteeism, and morale issues, creating a ripple effect across teams.

 

How WMA Helps Employers Manage Stress Leave

Managing stress leave effectively requires expertise and a proactive approach. Our services are designed to support employers in navigating the complexities of stress leave while ensuring compliance with legal requirements. Here’s how we can help:

  1. Safe Return-to-Work Evaluations: We assess an employee’s readiness to return to work and create customized, sustainable plans that align with medical recommendations and workplace needs. 
  2. Confidential File Reviews: Our team provides objective reviews of medical documentation, offering clarity for employers on their accommodation obligations.
  3. Functional Capacity Evaluations (FCEs): These evaluations help determine an employee’s ability to perform their job duties after stress leave, ensuring a safe and effective return to the workplace.

 

By focusing on early intervention and clear documentation, we help employers mitigate extended absences, address workplace stress proactively, and build a healthier, more resilient workforce. Contact us to learn how our tailored solutions can support your organization.

 


 

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