Job burnout is a ‘special type’ of stress that needs a rebrand

Disability Law /
Courtney Mulqueen
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By Tony Poland, LegalMatters Staff • Job burnout is a legitimate concern that requires understanding and the means to identify it early so people can get the help they need, says Ontario disability insurance lawyer Courtney Mulqueen.

“Burnout is by no means a new phenomenon. We all know stress is the cause of many debilitating conditions,” says Mulqueen, principal lawyer of Mulqueen Disability Law Professional Corporation. “However, the term ‘burnout’ needs a rebrand. There seem misconceptions about how dangerous it is, how it affects employees and how it affects a business’s bottom line.

“There needs to be more education in terms of identifying the early signs of burnout. At the same time, employers need to be accommodating and insurance companies need to be more understanding and supportive of these claims,” she tells LegalMattersCanada.ca. “Large corporations including the insurance companies have turned their focus to mental health in recent years but burnout seems to have slipped through the cracks as being a legitimate reason people need to stop working.”

‘A state of physical or emotional exhaustion’

Burnout in the workplace “is a special type of work-related stress — a state of physical or emotional exhaustion that also involves a sense of reduced accomplishment and loss of personal identity,” the Mayo Clinic states.

According to the medical centre, you may be experiencing job burnout if you: 

  • have become cynical or critical at work;
  • drag yourself to work and have trouble getting started;
  •  have become irritable or impatient with co-workers, customers or clients;
  •  lack the energy to be consistently productive;
  •  find it difficult to concentrate;
  • lack satisfaction from your achievements;
  • feel disillusioned about your job;
  • are using food, drugs or alcohol to cope;
  • experience a change in your sleep habits; and
  • are troubled by unexplained headaches, stomach or bowel problems, or other physical complaints.

Left unchecked, job burnout can cause excessive stress, fatigue, insomnia along with sadness, anger or irritability, states the Mayo Clinic. It can also lead to alcohol or substance misuse, heart disease, high blood pressure and vulnerability to illnesses.

Mulqueen says stress is an expected part of life.

“Many of us are programmed to go, go, go and the ability to rise above the stress is often admired and rewarded,” she says. “But it can lead to serious disability. Burnout tends to be stigmatized. The attitude by some employers, insurance companies and even doctors is that we just need to push through and get back to work.”

In the early stages of burnout people may not realize what is happening to them, says Mulqueen. 

Shortage of treatment providers

“My clients tell me that they not functioning like they used to at home and at work,” she says. “It may take many appointments with their family doctor and referrals to various specialists. And even then, there is such a shortage of treatment providers that it may take months before they get a diagnosis and treatment.”

A deeper understanding of the impact of burnout is needed, especially within the insurance industry, says Mulqueen, pointing to a recent CBC News report detailing a once highly successful financial planner’s struggle to obtain insurance benefits after suffering from burnout. 

The man told CBC that he couldn’t eat, slept only a few hours a night and felt constantly stressed, anxious and exhausted. 

“It was harder and harder every day,” he said. “It was difficult to focus and I would forget things for clients, or appointments.”

The man’s doctor diagnosed severe burnout and prescribed time off work and psychotherapy, according to CBC. He applied for short-term disability but his claim was rejected. After being off work without pay for four months, his employer threatened to fire him if he didn’t return to his job, it was reported. The company later put the termination plan on hold.

After further medical testing, he was also diagnosed with generalized anxiety disorder and major depressive episode but a second attempt to get benefits was denied, according to CBC.

The insurer told the news agency that the man’s condition was not severe because he was not prescribed medication, only therapy. The company also said the man also took too long to see a psychologist.

Mulqueen says the man’s plight, while unfortunate, is not uncommon.

No justification for denial

She says claiming the man didn’t see a psychologist soon enough or didn’t take medication are not reasons to deny his claim for benefits.

“Waitlists for psychiatrists are long and there has been an increased demand for therapists in recent years,” Mulqueen explains. “The insurer has unfair expectations. Just because someone hasn’t seen a psychiatrist or hasn’t yet tried medication does not mean they are not disabled and entitled to disability benefits”

She says she has represented clients who are reluctant to take medication for a mental health issue.  

“If there is a history of addiction in the family, for example, the thought of taking medication can be anxiety-provoking,” says Mulqueen. “Insurance companies dictating treatment is a slippery slope. It should be up to medical specialists to weigh the options and determine the risk.”

Forcing someone back to work when they are legitimately suffering from burnout is not only bad for the employee but it is risky for the employer, she says.

“If someone returns to work too soon and while still suffering from burnout, the added stress can aggravate their condition, trigger other conditions such as anxiety and depression and prolong their recovery,” says Mulqueen. “It can also have serious consequences for their relationship with their employer. They may not be able to properly perform their job duties and mistakes could be costly.

“In the finance planner’s case, if his cognitive function is impaired, errors could be detrimental to the company’s bottom line and he may be at risk of being terminated from his job,” she adds. 

An employer may feel justified in terminating a worker for poor job performance but may then face a wrongful dismissal lawsuit for failing to accommodate a person with a known disability, Mulqueen says.

Threatened with dismissal

She says she frequently hears from clients who have been served notice that their disability claim had been denied and then threatened with dismissal if they don’t return to work by a certain date.

“That is such a risky thing for an employer to do because there may be implications under the Ontario Human Rights Code,” Mulqueen says. “I always tell my clients that if they are not well enough to go back, their health is their number one priority. I remind them that their employer has duties and obligations to them irrespective of what the insurance company is saying.”

From a business perspective, employers would be better off if everyone in the organization had some general knowledge about burnout so people could determine who may be suffering from it, she says.

“They would then know how to respond,” says Mulqueen. “If people receive the help they need early or get a workplace accommodation, they might be better able to manage their stress. That way they may be able to avoid debilitating depression that leads to short and long-term disability claims.”

She says insurance companies who deny burnout claims not only risk litigation but also more serious and costly benefit claims.  

As well, the financial and emotional stress of being denied benefits may result in a downward spiral, causing prolonged and complex depression and anxiety, says Mulqueen, adding disability claims for those conditions are much more difficult for insurance companies to deny or defend in litigation.  

“Whether from the perspective of an employee, employer or insurance company, it doesn’t make sense to force someone back to work when they are suffering symptoms of burnout,” she says.