National Employment Standards entitle you to four weeks of annual leave, so your employer can't fire you for taking stress leave within that period.
According to Fair Work Australia: “An employee can take paid sick leave when they can't work because of a personal illness or injury. This can include stress and pregnancy-related illnesses.” In other words, if you have a stress-related illness, your employer should allow you to take paid sick leave.
Employers need to do much more to help employees feel comfortable in coming forward when they are experiencing stress-related worries or mental health problems. Stress SHOULD be a perfectly acceptable reason to take time off work if it is affecting wellbeing.
How long can an employee be signed off work with stress? Employees who are too ill to attend work, whether through physical or mental illness, have the right to time off work to recover, and during this absence to be paid statutory sick pay for up to 28 weeks.
Can I be fired while on stress leave? Stress leaves are protected by law. Employers do not have the right to fire you while you are on stress leave.
If you are resigning with immediate effect in protest at how you have been treated, a verbal resignation is enough, but it is better to put it in writing. Most employment contracts will require you to resign in writing – so, your notice period will not start to run until you give your employer written notice.
Make an appointment with your doctor for your symptoms. Tell him or her about any changes in your sleep, diet or mental state. If these are stemming from factors in the workplace, your doctor may prescribe stress leave for a few days.
As always, employers are encouraged to accommodate staff up until undue hardship – meaning that if you can be flexible, you really should be. “Taking time off for mental health issues is the same as any time off for other issues,” added Lorenzo Lisi, partner at law firm Aird & Berlis.
Sometimes you need to take a break
If therapy isn't enough, it might help to take time off from work. It could be anywhere from one day to several months, but taking time to process, rest, heal and seek proper treatment can make all the difference.
According to the Family and Medical Leave Act (FMLA), an individual may take up to 12 weeks of unpaid leave over 12 months. During this period, a person's employer is duty-bound to provide them with identical or similar work upon their return.
Leave for the Employee's Mental Health Condition
An eligible employee may take up to 12 workweeks of leave for their own serious health condition that makes the employee unable to perform their essential job duties. Example: Karen is occasionally unable to work due to severe anxiety.
Employees seeking to go on stress leave are encouraged to ask their employer if they can take more than three days for stress leave – many employers will approve. Note however that these stress leave days can be unpaid. Click here to read more about sick leave generally in Ontario.
If you or a loved one is suffering from mental health conditions that prevent you from working, contact a social security disability attorney at Hawks Quindel for help completing an application, filing an appeal, or making your best case at a hearing.
Applying for family and medical leave act (FMLA): FMLA allows eligible employees to take an unpaid leave of absence from work for medical reasons. You are eligible for up to twelve weeks (in a 12-month period) if you are deemed unable to work due to your mental illness.
Yes. Assuming that you work for a covered employer and are eligible for FMLA leave, you may take leave if you are unable to work due to a serious health condition under the FMLA.
Some of the physical signs that your stress levels are too high include: Pain or tension in your head, chest, stomach, or muscles. Your muscles tend to tense up when you're stressed, and over time this can cause headaches, migraines, or musculoskeletal problems. Digestive problems.
Use clear statements such as “I think I may be depressed” or “I am having trouble with anxiety.” This will help guide them and let them know what direction to go in. Be as open and honest with your doctor as possible. He or she can't help you if they don't know everything that is going on.
The advantages of quitting instead of being fired include the possibility of negotiating severance and a positive recommendation. Disadvantages of quitting include forfeiting the right to claim unemployment. Any time you think your job is in danger, it's a good idea to start looking for a new job just in case.
The answer is no, according to workplace experts. If you see any shred of hope that your organization is trying to figure out a way to change, then it's a wise move to stay with your employer and work on managing your chronic stress, said Jennifer Moss, author of the forthcoming book, The Burnout Epidemic.
“Disclosing that you left for burnout is not required,” says career coach Melody Wilding. “You can just say that you took personal leave or that you were not working due to conditions related to the pandemic.
The good news is that those with either depression and anxiety can qualify for SSDI benefits. The Social Security Administration has a process for evaluating your right to collect Social Security disability benefits based on claims of a mental health problem.
Talking about your mental health doesn't need to be scary or over-complicated, you can start the conversation by simply saying, “I need to get something off my chest” or “I need to talk, do you have time to listen?” Just remember to tell your boss only what is necessary.