Ask the ExpertStress Leave in Manitoba
hri_Admin Staff asked 4 years ago

Hi there,
If an employer sees that an employee is stressed/overwhelmed/burntout and says they can go on stress leave, is there any type of benefit that the employee can get to cover that time off, or are they just supposed to use accumulated vacation and overtime?
I am in Manitoba
Thanks

1 Answers
Glenn Demby Staff answered 4 years ago

The general answer is that the employee is entitled to at least the minimum benefits provided under provincial employment standards laws PLUS any more generous benefits your organization provides. Let’s go thru each:
PART 1: EMPLOYMENT STANDARDS
As in other provinces, general stress and burnout is NOT grounds for unpaid leave under the Manitoba ESC. But it might still trigger one of the other forms of leave that are, including (but not necessarily limited to):
*3 days’ unpaid health leave under Sec. 59(3)(1)
*31 weeks’ unpaid critical illness leave under Sec. 59.8(2) if stress is due to need to care for a critically ill child (or 17 weeks under Sec. 59.8(3) to care for critically ill adult)
*17 weeks’ unpaid long term illness leave under Sec. 59.10
*Leave for domestic violence under new Sec. 59.11,
ETC.
PART 2: ORGANIZATIONAL POLICIES/CONTRACTS
The second part of the inquiry are your own policies and what, if any, more generous leave provisions you provide your employees, e.g., under the employment contract. Presumably, the employee you refer to is NOT in a union. But if he/she is, you’ll need to check the leave provisions of the collective agreement.
Hope that helps. Glenn