Medical Leaves and mental health

It’s important to know that in Saskatchewan, Canada, a “disability” is defined broadly by the Saskatchewan Human Rights Code to include physical, mental and intellectual disabilities. This includes diagnoses such as ADHD, learning disabilities, mood disorders, and generalized anxiety order.

For some employees who are experiencing mental health concerns, they may require time away from work. If you require a medical leave, it’s not uncommon to worry about what medical information your employer will have access to. Given that, it’s helpful to know what the typical process is and what your rights are. The information shared in this post is based on protected rights for employees who live in Saskatchewan, Canada.  

The first step in accessing a medical leave is to provide appropriate documentation to your employer that supports your need to be off work. This information typically comes from your doctor. The level of detail required depends on your employer’s policies and the length of the leave. For example, some employers may allow a simple sick note if the leave is less than a week, but more detailed information if it is longer than a week. Your manager or someone from human resources should be able to tell you what the policy is for your workplace and what information is required.

When collecting information about your medical leave, employers do not have a right to know your diagnosis. For example, you do not need to disclose that you have been diagnosed with generalized anxiety disorder.  However, employers do have the right to the following information:

·         Prognosis for recovery

·         The restrictions that prevent you from doing the job, such as concentration, cognitive limitations, sitting, lifting, etc.

·         Whether the restrictions are permanent or temporary

·         When you are able to return to work, whether you continue to have restrictions or need an accommodation and for how long

You may be asked to continue to provide medical documentation to your employer throughout your medical leave. For example, if the initial medical note indicated you needed to be off for 4 weeks, you may need to provide updated medical information at the end of 4 weeks if you are still unable to return or to show that you are cleared to return to work.

If you have concerns about workplace discrimination due to illness, the Saskatchewan Human Rights Commission provides helpful information about your employment rights. Your human resources department or union can also be helpful resources when navigating a medical leave.

For some, taking a medical leave for mental health can be an important step to support recovery. Align Counselling and Coaching is here to help you navigate this process with compassion and clarity. Reach out today, and let’s align your steps toward healing and empowerment.

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