Stress Leave Ontario: Employee Rights Explained

In Ontario, stress leave is job-protected time off under the Employment Standards Act (ESA). If you have worked for your employer for at least two consecutive weeks, you can take up to three unpaid sick days each year to recover from stress, anxiety, burnout, or other mental health concerns.

If your stress is serious enough to be considered a disability, you may also have rights under the Ontario Human Rights Code (OHRC). This can entitle you to more time off, with your employer required to accommodate your medical needs.

What Is Stress Leave in Ontario?

Stress leave, sometimes called mental health leave, allows employees to step away from work when their mental health is at risk. The ESA treats stress leave the same way as sick leave — it protects your job and ensures you can return without penalty. This applies whether or not the stress is directly caused by your workplace.

WATCH: Employment lawyer Lior Samfiru talks about what you need to know about workplace stress on the Employment Law Show.

Who Qualifies for Stress Leave?

Employees qualify for stress leave after just two weeks on the job, whether full-time or part-time.

The ESA guarantees three unpaid sick days per calendar year that can be used for stress-related reasons. Employers may count part of a day as a full day of leave, so even a half day away can be treated as one of your three.

How Long Can Stress Leave Last?

Under the ESA, stress leave lasts up to three unpaid days each year. Some employers provide more generous leave in their employment contracts or policies. If your condition is severe enough to qualify as a disability, the Human Rights Code may entitle you to additional time off, beyond the ESA minimum.

Stress Leave Beyond 3 Days

If you need more than three days off, the Human Rights Code requires employers to accommodate disabilities, including serious mental health conditions such as anxiety, depression, or burnout. Accommodation can include granting extended unpaid leave, adjusting your workload, or offering flexibility in how and when you return to work.

To access this protection, medical documentation is usually required. If your employer refuses to accommodate you or forces you back to work too soon, it may be considered constructive dismissal in Ontario, giving you the right to claim full severance pay.

Financial Support During Stress Leave

Stress leave under the ESA is unpaid, but there are several ways to access income support if you need longer time off:

• Employment Insurance (EI) sickness benefits provide up to 15 weeks of income at 55% of your average pay, capped at $668 per week.
• Short-term disability benefits (STD) may be available through your employer’s insurance plan, replacing part of your income if stress prevents you from working.
• Long-term disability benefits (LTD) Ontario can apply if you remain unable to work after 90–120 days. Insurance companies often deny LTD claims, but you have the right to challenge those decisions with legal help.
• Workplace Safety and Insurance Board (WSIB) benefits may apply if your stress is directly caused by your job, such as through workplace harassment or trauma.
• Ontario Disability Support Program (ODSP) can provide financial help for severe, ongoing conditions.

How to Take Stress Leave

Taking stress leave starts with telling your employer. Notice can be given in writing or verbally, although written notice is preferred. If your absence is longer than a few days, your employer may ask for a medical note.

Importantly, the note should only confirm that you are unable to work and how long your leave is expected to last. Your employer can’t demand details about your diagnosis or treatment.

During leave, you should maintain reasonable communication with your employer, especially if your return date changes. If you are eligible, you can also apply for EI or disability benefits to provide financial support while you are away.

Rights While on Stress Leave

Ontario law provides strong protections for employees who take stress leave:

• You have the right to return to the same job or a comparable position with the same pay
• Your employer can’t penalize you for requesting or taking stress leave — this is called a reprisal in Ontario
• Benefits must continue, with your employer paying their share of premiums
• Time away counts toward your years of service for vacation, severance, and seniority
• If you are on probation, the probationary period in Ontario is paused while you are away

Can You Be Fired While on Stress Leave?

Your employer can’t dismiss you simply because you are on stress leave. That would be workplace discrimination and a violation of both the ESA and the Human Rights Code.

Employers can end employment without cause for legitimate business reasons, but if the decision is tied to your leave, it becomes a human rights violation. You are entitled to severance pay in Ontario worth up to 24 months’ pay, as well as additional damages under human rights law.

What to Do if Denied Stress Leave or Disability Benefits

If your employer refuses stress leave, fails to accommodate your medical needs, or your disability benefits are denied, it’s important to take action quickly. Keep records of your communications and medical notes, and seek legal advice to protect your rights.

Try our Ontario Severance Pay Calculator to find out what compensation you may be owed — used successfully by over 2 million Canadians

Speak to a Stress Leave Lawyer in Ontario

If you’ve been denied stress leave, refused disability benefits, or punished for prioritizing your mental health, we can help.

The Ontario employment lawyers at Samfiru Tumarkin LLP have defended the rights of tens of thousands of employees across Ontario. Our Toronto long-term disability lawyers are also uniquely skilled in winning disability benefits from insurance companies — see our confirmed results for clients Sandra Bullock and Julie Austin.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 2,310 5-star Google reviews (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.