Medical Leave
In British Columbia, both the Employment Standards Act and the Human Rights Code protect workers who need time away from work due to mental-health-related medical conditions such as anxiety, depression, PTSD, or other diagnosed illnesses. Under the ESA, employees are entitled to job-protected sick leave, including 5 paid and 3 unpaid days each year, and may take extended unpaid medical leave if a mental-health condition prevents them from working. The Human Rights Code goes further by recognizing mental health as a disability, requiring employers to provide reasonable accommodation, such as modified duties, reduced hours, or extended leave, based on medical documentation, up to undue hardship. Employers cannot penalize, terminate, or discriminate against an employee because of a mental-health condition, and they may only request information about functional limitations, not a diagnosis. Together, these laws ensure that workers with mental-health challenges have protected time off, support, and fair treatment while recovering.

Short Term Disability Benefits
This is a sickness and non-occupational injury benefit and provides for the payment per week for a maximum of 51 weeks (Combined with EI) for any one period during which you are totally disabled and prevented from performing work of any kind solely as a result of a non-occupational accident or illness.

You must be covered by the plan on the first day of disability, and have had coverage with DC38 Health & Welfare Trust Fund for the 8 consecutive months immediately preceding the date of disability, whether covered on the Full Plan and/or the Partial Package and/or the Mini Plan, or any combination of the these Plans. There cannot be any breaks in coverage for the 8 months immediately preceding the date of disability. in order to receive benefits. Benefits are paid pro-rata on the basis of a five day week.

The STD benefit is integrated with Employment Insurance (EI) SICK BENEFITS (Four week carve out), and is therefore split into three separate benefit periods:

1. BC Life covers (up to) the first 4 weeks of disability.
   1. The date benefits commence will depend on the type of disability:
      1. Non-Occupational Accident: From the 1st day of disability resulting from an accident to the 28th day (28 days), or
      1. Hospitalization: From the 1st day of Hospitalization to the 28th day (28 days), or
      1. Non-Occupational Sickness: From the 4th day up to and including the 32nd day (28 days) of disability resulting from illness not requiring hospitalization.
2. Employment Insurance (EI) would then cover the next 26 weeks (if necessary).
3. B.C. Life would then cover the remaining 21 weeks (if you are still disabled).

To apply for Short Term Disability, complete the forms below and submit them to the IUPAT DC38 Burnaby office.

** Do not send your forms to BC Life directly as it will increase processing time**

• Short term disability claim form (the form will download to your PC)
• Short term disability guide (the form will download to your PC)

More information about BC Life (Pacific Blue Cross), as well as its forms, can be found on website.

Medical EI
Medical EI is a federal program that provides up to 26 weeks of income support to workers who cannot work due to a medical condition; including mental-health-related illnesses such as depression, anxiety, or burnout. To qualify, a person must have reduced earnings, enough insurable hours, and a medical certificate confirming they’re unable to work. The benefit replaces 55% of usual earnings and gives individuals financial stability while they focus on treatment and recovery, whether the condition is physical or mental.