Work stress is something almost everyone feels from time to time. But for some people, it becomes too much: sleepless nights, anxiety, panic attacks or burnout that makes it impossible to do the job. If you’ve reached that point, you may be wondering whether you can take time off, whether you’ll be paid, and whether your job will still be there when you come back. Here’s how stress leave works in Ontario.
Is there such a thing as “stress leave”?
Ontario law doesn’t have a single program called stress leave. Instead, your rights come from several places that work together: the Employment Standards Act (ESA), the Human Rights Code, your employer’s own policies or benefits, and federal Employment Insurance. Understanding how they fit together is the key to protecting yourself.
Short absences: ESA sick days
Under the ESA, most employees who have worked for at least two consecutive weeks are entitled to three days of unpaid, job-protected sick leave each year. Mental health counts. Recent changes also limit employers from requiring a doctor’s note for these ESA sick days. Many employers offer more generous paid sick days in their policies, so check your contract or handbook.
Longer absences: where the money comes from
If you need weeks or months away, pay usually comes from one of three sources. The first is your employer’s short-term or long-term disability plan, if you have one. These plans typically require medical evidence and have waiting periods, so it’s worth reading the policy early.
The second is Employment Insurance sickness benefits. If you have enough insurable hours and a medical certificate, EI can provide up to 26 weeks of benefits.
The third, in specific situations, is the Workplace Safety and Insurance Board. Since 2018, WSIB has covered chronic or traumatic mental stress caused by your work. However, stress caused by normal employer decisions, like discipline, performance management or changes to your job, is generally excluded.
How your job is protected
This is where the Human Rights Code matters most. When stress, anxiety or depression rises to the level of a disability, your employer has a duty to accommodate you up to the point of undue hardship. That can include time off, a gradual return to work, adjusted duties or a modified schedule. Your employer can’t fire you, discipline you or treat you worse because of a mental health disability or because you asked for accommodation.
You do need to cooperate in the process. That usually means providing reasonable medical information about your limitations and what you need, although you generally don’t have to disclose your diagnosis.
When the workplace is the cause
If your stress is caused by harassment, bullying or a toxic work environment, you may have additional options, including a constructive dismissal claim or a claim for damages in some situations. Our article on whether you can sue your employer for stress and anxiety explores when those claims succeed, and our guide on navigating workplace harassment explains your rights.
Take care of yourself first
Your health comes first. See your doctor, keep notes of what’s happening at work, and keep copies of key communications. If your employer pushes back on your leave, pressures you to return early or ends your employment, get advice quickly.
Our employment law team helps employees across Ontario with leaves, accommodation and workplace disputes. Read more about common workplace legal issues and how employees can respond, or contact our Toronto employment lawyers.
This article is general information, not legal or medical advice. If you’re in crisis, please reach out to a health professional or call or text 988.
