Stress Leave in BC: Employee Rights and How to Apply

If work-related stress is affecting your health, you may be entitled to take stress leave in British Columbia.

Here’s what you need to know about your legal rights, eligibility, pay, and how to apply for medical or long-term stress leave.

What Is Stress Leave in BC?

In BC, stress leave is a type of medical leave protected by the Employment Standards Act (ESA) and the BC Human Rights Code.

It allows employees to take time off when mental-health-related stress makes it difficult to perform their job.

Unlike vacation or personal days, stress leave is not automatically paid—but financial support may be available through:

• Employment Insurance (EI) sickness benefits
• Short- or long-term disability insurance, if your employer provides it

How to Go on Stress Leave in BC (2025 Guide)

If you’re wondering how to apply for stress leave in BC, follow these steps:

1. See your doctor or mental-health professional
   Explain how stress is affecting your health and ability to work.
   If necessary, your doctor will issue a medical note recommending time off.
2. Notify your employer in writing
   Provide the medical certificate and state that you’re taking medical leave.
   Employers must keep this confidential and accommodate your leave.
3. Apply for EI sickness benefits or disability coverage
   EI sickness benefits: up to 15 weeks of income support
   Short-term disability (STD): coverage varies by policy
   Long term disability BC (LTD): if you’re still unable to work after several months
4. Stay in touch with your doctor and employer
   Keep documentation updated. A return-to-work plan may be required.

Who Is Eligible for Stress Leave in BC?

You qualify for medical or stress leave in BC if:

• You are an employee covered by the Employment Standards Act
• A licensed health-care professional confirms that you are temporarily unable to work due to stress, anxiety, depression, or another mental-health condition

Your employer must reasonably accommodate you under the Human Rights Code — such as through reduced hours, modified duties, or time off — unless doing so creates “undue hardship.”

Is Stress Leave Paid in BC?

Stress leave itself is unpaid under provincial law, but you may receive income replacement through:

How Long Can You Be on Stress Leave in BC?

The length of stress leave depends on your doctor’s recommendation and medical documentation.

Some employees take a few weeks; others require several months or longer.

If your stress or anxiety continues beyond the short-term period, you may transition to a long term disability claim in BC with your insurer.

Role of Your Doctor in Approving Stress Leave

Your doctor is responsible for assessing your mental health and confirming whether time off is medically necessary.

They will:

• Diagnose or document your condition
• Recommend a period of leave
• Complete forms for EI or disability claims
• Provide updates as needed for your return to work

What If Your Stress Leave or LTD Claim Is Denied?

Insurance companies sometimes deny long-term disability claims for stress because they claim there is “insufficient medical evidence.”

You still have legal options.

Common Reasons for Denial Include:

• Incomplete medical documentation
• Insurer argues you can still work in some capacity
• Policy excludes mental health conditions

If your stress leave or LTD claim is denied, you should contact an experienced disability lawyer in BC.

Our team at Samfiru Tumarkin LLP has helped thousands of Canadians get the benefits they were wrongly denied. We can review your policy, appeal the decision, and take legal action if necessary — no upfront fees.

Key Takeaways About Stress Leave in BC

• Stress leave is a form of medical leave under the Employment Standards Act
• A doctor’s note is required to qualify
• It is typically unpaid, but EI or disability benefits can help
• Employers must accommodate and protect your job under the Human Rights Code
• Legal help is available if your claim or accommodation is denied

Speak to a Disability Lawyer About Stress Leave in BC

If you need help with a stress leave claim or your insurance company has cut off benefits, contact Samfiru Tumarkin LLP.

📞 Call 1-855-821-5900 or use our free consultation form today.