Please note, this article does not constitute medical or legal advice. It is for general information purposes only. If you have questions about your unique situation, you should seek out independent medical or legal advice.
Personal Story: My Own Leave of Absence Experience
This article is quite personal. My mother died of cancer. During her illness, the stress of balancing work, family, and grief became too much and my counsellor asked me; "Have you considered a leave of absence?" I had not, nor did I know what steps to take. Through research (with articles like this), I took the required steps to take a leave of absence. The hardest part? Dealing with the insurance company and my employer. The insurance company delayed my file by months, requesting multiple (repeated) assessments from my healthcare providers. In the meantime, I did not have any income. It took me over a year after my return to work to get paid in full for my approved benefits. My employer on the other hand contacted me while I was on my leave of absence to discuss whether a demotion would help (spoiler: it is not legal to demote someone who is on a leave of absence, similar to a parental leave).
Why did I write this article? To help readers who are struggling and not sure what to do. To provide some information and general guidance on navigating a leave of absence. And hopefully to equip you with the knowledge (that I didn't have) about your rights.
Knowledge is power, even in an unjust world. I hope this article is helpful to you.
Reducing the Stigma
Taking a mental health leave of absence is a crucial step for many workers, yet it is often shrouded in undue stigma. According to the Canadian Mental Health Association, 1 in 5 Canadians experiences a mental health problem or illness each year, and approximately 30% of short- and long-term disability claims in Canada are attributed to mental health problems and illnesses.
Steps to Consider
If you're contemplating a leave of absence for mental health reasons, consider the following steps, informed by mental health experts and employment law:
Documentation: Seek professional medical advice as you would for a physical condition—early intervention can lead to better outcomes.
Understanding Your Rights: Canadian employment laws, including provincial employment standards and the Canadian Human Rights Act, protect workers taking disability leave due to mental health concerns.
Short-Term vs. Long-Term: Discuss with your healthcare provider whether your mental health requires short-term relief or long-term intervention, much like the approach taken for physical medical conditions.
Benefits Coverage: An estimated 70% of Canadian employers offer some form of employee benefits that include disability coverage, so check with your employer about your specific entitlements. NOTE: Although you have the right to take a medical leave of absence, you do not have a right to be paid during this leave. This will depend on your employer, benefits, medical diagnosis, and other factors.
Sidebar: Navigating Insurance Company Interactions with Advocacy Support
Engaging with insurance companies during a mental health leave of absence can be daunting. While the tips provided can empower you to handle this process, it's also important to know where to turn for support if you feel your rights are being infringed upon. Below are additional steps and resources for advocacy in Canada:
Document Everything: Maintain comprehensive records of all your interactions and correspondence with the insurance company.
Understand Your Policy Thoroughly: Knowledge is power. Fully understand what your policy covers and what it doesn't.
Submit Required Evidence Timely: Provide all the requested documentation within the set deadlines, and keep copies for your records.
Communicate Effectively: Be as clear and precise as possible in your communications, sticking to the relevant facts about your condition and claim.
NOTE: Insurance companies will sometimes call you to get an "update." You may not be required to take these calls or to divulge information and can defer them to your medical provider for any updates.
Prepare for Independent Assessments: The insurance company may request additional or independent assessment to assess your mental health impacts your daily functioning and job performance. If the insurance representative ask you for this information, you can defer to your healthcare providers.
Legal and Advocacy Resources: If you encounter issues, consider contacting the following for assistance:
OmbudService for Life & Health Insurance (OLHI): An independent service that helps resolve disputes between insurance companies and policyholders (olhi.ca).
Stay on Schedule: Adhere to deadlines and keep track of any timeline provided by the insurance company.
Seek Professional Advice: If denied (which happens often), learn about the appeals process within the insurance company. A legal advisor or advocate can also guide you through appeals and negotiations.
Prefer Written Communication: It’s advisable to have all substantive communications in writing to avoid misunderstandings and to have a record of what was said. If it cannot be written, consider following up with an email summarized any key points and takeaways from the conversation.
Prioritize Your Health: Dealing with claims can exacerbate stress. Ensure you're taking care of your mental health, accessing support groups, and utilizing healthcare professionals.
If you feel that an insurance company is unjustly delaying or denying your claim, don't hesitate to reach out to legal, advocacy or support groups. They can provide you with the guidance and support needed to assert your rights and can intervene on your behalf if necessary.
Comprehensive Reflection Checklist for Considering a Mental Health Leave of Absence
When deciding to take a mental health leave of absence, it can be helpful to consider your situation holistically. This checklist is designed to guide you through various considerations that can help in making an informed and self-caring decision. A free PDF download is available below.
Understanding Your Current State
Assess the severity of your mental health condition and how it's impacting your ability to live & work.
Reflect on whether work is contributing to your mental health condition and how a break could potentially help.
Emotional Readiness
Evaluate your emotional readiness for a change in routine and potential isolation.
Plan for emotional support structures, like counseling, during your leave.
Workplace Dynamics
Consider the dynamics at your workplace, including the potential for discrimination. If this is likely, spend the time you need to prepare by knowing your rights.
Think about how power imbalances at work may influence your decision and plan how you'll address them.
Legal Rights and Protections
Familiarize yourself with Canadian legislation on mental health leaves and disability rights.
Ensure you understand your employer's policies on leave and how they apply to your situation.
Financial Considerations
Assess the financial impact of taking a leave, including potential loss of income and benefits.
Check whether you have benefits or insurance that can cover your leave and understand the terms.
Medical Documentation and Evidence
Gather all necessary medical documentation to support your leave (e.g., doctor's note) - As a case example, in my situation I went to the doctor in the morning and my doctor advised taking leave that same day, effective immediately.
Understand what information you need to provide and what you can withhold to protect your privacy.
Healthcare Provider Engagement
Consult with your healthcare providers about the need for a leave and the best way to approach it.
Discuss the difference between short-term and long-term leave options and what's recommended for you.
Transition Planning (not required)
Organize your work responsibilities and prepare a handover plan, if needed.
Plan for managing daily routines and responsibilities during your absence.
Navigating Insurance Companies
Be prepared with strategies to handle insurance claims and any obstacles they present.
Keep meticulous records of all interactions with insurance companies.
Communication with Employer
Prepare for the conversation with your employer about your leave (see Sidebar below)
Practice how to articulate your needs while maintaining a professional boundary.
Aftercare and Return to Work
The first step is taking care of your health. Your healthcare providers should support you with any return to work plans (e.g., gradual return)
Backup and Alternative Plans
Develop backup plans in case your leave extends or complications arise. Instead of making promises on when you will return, let your employer know, "My healthcare provider will re-assess on [X date]. I will be in touch at that point."
Consider alternatives to a full leave, if applicable.
By thoughtfully engaging with items on this checklist, you can help ensure that you're making the best decision for your mental health and well-being, with a clear understanding of the potential implications and a strategy to manage them. These are starting strategies. This checklist can serve as a tangible tool to help navigate the complexities of taking a leave for mental health reasons.
Sidebar: Having the Conversation with Your Employer
Approaching a discussion about a mental health leave of absence requires sensitivity, especially in a workplace with a power imbalance. Preparation and clarity are key. Here's how you can navigate this delicate conversation.
Before the Conversation
Empower yourself by thoroughly understanding your legal rights and the company's leave policies. Having a support person like a trusted colleague or union representative can also be beneficial if allowed.
Going into the conversation know that whatever you say, will work. There are some tips and tricks below but if all you say is: "I am taking a leave of absence, effective immediately. I will follow up with the required documents as soon as I can and will be in touch." That's okay. Take care of yourself. Take care of your health.
During the Conversation
Open the dialogue with respect, stating your appreciation for the opportunity to discuss your needs, emphasizing the mutual benefits.
When planning to discuss a mental health leave of absence in a workplace where you feel there is a significant power imbalance, it’s crucial to approach the conversation with extra care. Here are some adjustments to the guidance for such situations:
Clearly State Your Needs: “I have consulted with a health professional and, based on their advice, I am taking a leave of absence to address my mental health, which I believe will ultimately improve my work performance.”
Highlight Mutual Benefits: “Taking this step can lead to better outcomes for the team and company as I will be able to contribute more effectively upon my return.”
Maintain Professional Boundaries: “I understand this is a professional setting, so while I prefer to keep the specific health details private, I can provide necessary documentation from my healthcare provider.”
Be Prepared for Pushback: “I recognize there might be concerns about my workload. [Optional] I'm here to discuss how we can address this constructively.”
(if you choose) Demonstrate Commitment: “I’m willing to find a solution that minimizes disruption to our operations and supports the company’s objectives during my absence."
Seek Clarity: “If there are any aspects of this process or my proposed leave that need clarification, I am open to discussing them further.”
End with Gratitude: “Thank you for your understanding and for considering my request. I believe that addressing this proactively is in everyone’s best interest.”
Common Questions from Employers (+ Possible Replies)
Here are some common questions you might encounter and suggestions on how to answer them:
Employer Question: “Why do you need to take a leave of absence?”
Your Response: “Based on consultations with my healthcare provider, a leave of absence is recommended for my health. While I prefer not to disclose all the private details, I can assure you this step is crucial for my well-being and will enable me to return to work fully capable of meeting my job requirements.”
Employer Question: “How long will you be gone?”
Your Response: “The current recommended duration is [X weeks/months], according to my medical advisor. I will be in touch on [X date] with an update.”
Employer Question: “Can you provide documentation for this leave?”
Your Response: “Yes, I can provide the necessary medical documentation to support this request while ensuring my personal health information remains confidential according to privacy laws.”
NOTE: Employers can ask for the prognosis (i.e., how long you will be away), but cannot ask about your diagnosis. Therefore you do not need to say it is a ‘mental health’ leave, simply a ‘health’ leave.
Employer Question: “How will your work be managed in your absence?”
Your Response: “I am committed to finding a workable solution and would like to propose [a plan you’ve prepared, such as a handover document, a list of key responsibilities, or suggestions for temporary reallocation of duties].” OR "Unfortunately my healthcare provider has advised an immediate leave of absence. I will be leaving after this meeting and unable to provide any handover."
Employer Question: “Are there alternative accommodations we can offer instead of a leave?”
Your Response: “I appreciate your willingness to consider accommodations. At this stage, my healthcare provider and I believe a leave is necessary, but I am open to discussing options that could meet my health needs and the company's operational requirements.”
Thank the employer for their time and understanding, reinforcing your commitment to the company and the intent to return to your role prepared to contribute effectively.
After the Conversation
Document the key points discussed and any agreements made. If possible, follow up with an email to confirm these points to ensure there’s a clear, written record of the conversation.
Finally, you did it! It is a tremendously difficult step to have this conversation, especially when we are not at our best. However the conversation goes, be proud that you took the steps to take care of your well-being.
Final Thoughts
Mental health is an integral part of our overall well-being. By acknowledging this, understanding our rights, and preparing for the practicalities of a leave, we can create a supportive work environment for all. You are enough. You are not alone. You have what it takes to navigate difficult things.
With the right information and support, those needing a mental health leave can see it as a step towards recovery, much like recuperation from a significant physical health event.
Download our Free Guide Today:
BONUS: The Role of Advocacy in Shaping Supportive Work Environments
Navigating a mental health leave of absence highlights a broader issue that extends beyond individual circumstances. It underscores the systemic challenges and regulatory gaps that often leave employees vulnerable during their most difficult times. Understanding these challenges is crucial, but it's also important to recognize that feeling overwhelmed by the process doesn't reflect on you as a person—it reflects on the complexities and shortcomings of the system.
Advocacy for Better Regulations
Just because the process of taking a leave of absence for mental health reasons is difficult, it doesn't mean you're the problem. The truth is, the current system can be unsupportive and, at times, adversarial towards those who are in need of time to heal. It's essential to remember that you're not alone in this experience, and that collective voices can powerfully advocate for change. Here's how you can contribute to this advocacy:
Share Your Story: If you’re comfortable, share your experiences with taking a mental health leave of absence. Personal stories can be compelling evidence for the need for policy change.
Join Advocacy Groups: Look for advocacy groups that work towards improving laws and practices around mental health in the workplace. These organizations often lobby for change and can use your support.
Communicate with Representatives: Reach out to your local and national representatives to express your concerns and experiences with the current state of leave of absence regulations.
Participate in Consultations: Engage in public consultations and provide feedback when new policies or amendments to existing laws are proposed.
Collective Action for Workplace Changes
There's a significant need for a shift in how we view and handle mental health in the workplace. This isn't just about individual companies; it's about industry-wide standards and societal norms. Here are ways you can be part of this collective action:
Support Workplace Initiatives: Advocate for workplace policies that are fair and supportive of mental health leaves. Encourage your employer to adopt best practices that protect employee well-being.
Promote a Supportive Culture: Help create a workplace culture that values and supports mental health. This can involve forming or joining workplace committees focused on mental health initiatives. If you are close with a colleague going through a leave of absence, consider reaching out to support them. In my own experience, it was isolating and my boss and some colleagues treated me quite differently. I truly appreciate the people that continued to treat me with dignity throughout the process.
Educate Others: Use your experience to educate peers, which can also help reduce the stigma associated with taking a leave of absence for mental health reasons.
Collaborate with Unions: If you're part of a union, engage with them on these issues. Unions can be powerful allies in negotiating better terms for leaves of absence.
Building a More Compassionate System
Ultimately, improving the process and regulations for mental health leaves of absence is not just an individual battle—it's a collective journey toward a more empathetic and supportive system. By engaging in advocacy and pushing for systemic changes, we can create an environment where taking time to heal is not only accepted but is facilitated with compassion and respect. Remember, advocating for change not only helps you but also creates a better framework for those who will walk this path in the future.
Together, we can work towards a future where mental health is prioritized and supported, not just with words, but with concrete actions and policies that reflect an understanding of its importance to every aspect of our lives.
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Blog Disclaimer: While every effort is made to provide valuable insights to inform and empower you, the author kindly asks readers to use their judgment and consult with professionals for their specific needs, as the author cannot be held responsible for individual interpretations or actions taken. The information provided in this blog is for general informational purposes only and does not constitute medical or legal advice.