Can You Tell Me: How Does Sick Leave Apply to Mental Health?
Sick leave as defined in our respective Collective Agreements, does not distinguish between mental and physical health conditions. For the UM, in Article 17.1, Sick Leave is defined as “the period of time an employee is permitted to be absent from work with pay by virtue of being sick or disabled, or because of an accident.” The language for the UW in Article 15.1 is identical but uses the word “injury” instead of “accident.” Sickness and disability are not limited to physical conditions, but also encompass mental health issues.
Depression, anxiety, addiction, and other psychiatric disorders, whether acute or chronic, can be just as debilitating. An employee suffering from such a condition might require the use of sick leave. They might also require time off to attend a medical appointment related to their mental health. Full-time employees are entitled to use sick leave for dental and medical appointments (UM 17.1.3, UW 15.1.2).
A medical certificate or “sick note” is not typically required for short absences, whether they are related to mental health or physical conditions. The employer does, however, have the right to request one (UM 17.4, UW 15.6), especially in cases of extended, frequent, or unusual absences. The note would include the dates the employee was/is unable to attend work, a general description of their condition (but not the diagnosis), and the expected timeframe of their return to work.
Confidentiality may be a key concern, especially given the stigma that mental illness may carry. Both Collective Agreements include rights to privacy and the protection of Personal Health Information (UM 17.2, UW 15.6). An employee is not required to disclose the nature of their illness to their supervisor or coworkers; any required medical documentation may be submitted confidentially to a designated representative in Human Resources.
Both Universities offer Employee and Family Assistance Programs (EFAPs), which provide access to free and confidential mental health and wellness services. The University of Winnipeg’s services are delivered through Blue Cross, and the University of Manitoba’s services are provided by Kii. These programs reflect each University’s commitment to supporting the health and wellness of their employees. Support is available through counselling, offered in person, by phone, or online, as well as through educational resources, crisis support, and referrals to specialized care when needed.
AESES encourages our members to reach out to the Labour Team for assistance in understanding their rights related to Sick Leave and mental health. We can be reached at 204-949-5200 or LabourTeam@aeses.ca.