Stress Leave Ontario: Mental Health Leave, Sick Days & Employee Rights

In Ontario, there is no separate legal category called “stress leave.”

However, employees can take time off work for stress, anxiety, burnout, or other mental health issues under Ontario’s existing employment laws.

What most people call stress leave is usually treated as sick leave — and in more serious cases, as a medical or disability-related leave.

Here’s how stress leave works in Ontario, and what your employer can — and can’t — do.

Is Stress Leave a Real Leave in Ontario?

Not by name.

Ontario’s Employment Standards Act (ESA) does not use the term “stress leave.” Instead, stress-related absences fall under:

• ESA sick leave (short-term)
• ESA long-term illness leave (for serious conditions)
• Human rights accommodation (for disabilities)

Mental health conditions are treated the same as physical illnesses under Ontario law.

How Stress Leave Works Under the ESA

If you’ve worked for your employer for at least two consecutive weeks, you’re entitled to:

• 3 unpaid, job-protected sick days per calendar year

These days can be used for:

• Stress
• Anxiety
• Burnout
• Depression
• Other mental health concerns

Your employer can’t discipline or penalize you for taking ESA-protected sick leave.

Do You Need a Doctor’s Note for Stress Leave?

Sometimes — but only if it’s reasonable.

An employer may ask for reasonable evidence that you were unable to work, but:

• They can’t demand a diagnosis
• They can’t require detailed medical records

How Long Can Stress Leave Last?

Under the ESA alone, stress leave lasts up to 3 unpaid days per year.

However, if your stress or mental health condition is serious enough to qualify as a disability, additional protections may apply.

Stress Leave Beyond 3 Days: Your Right to Accommodation

If stress, anxiety, or burnout significantly affects your ability to work, your employer may have a duty to accommodate under the Ontario Human Rights Code.

Accommodation can include:

• Extended unpaid medical leave
• Reduced workload
• Modified duties
• Flexible hours
• A gradual return to work

Your employer must accommodate up to the point of undue hardship.

Can You Be Fired for Taking Stress Leave in Ontario?

No — not simply for taking stress leave.

Your employer:

• Can’t fire you because you took sick leave
• Can’t punish you for requesting medical time of
• Can’t treat mental health absences differently from physical illness

However, employers sometimes try to disguise retaliation as “performance” or “business decisions.”

What If Your Employer Refuses Stress Leave?

If your employer:

• Denies stress leave
• Forces you back to work too soon
• Disciplines you after mental health absences

that may be illegal.

Key Takeaways About Stress Leave in Ontario

• “Stress leave” is not a formal ESA category
• Stress-related absences are treated as sick leave
• Mental health conditions are protected under Ontario law
• More serious conditions may require accommodation
• Employers can’t punish you for prioritizing your health

Speak With an Ontario Employment Lawyer About Stress Leave

If your employer refuses stress leave, fails to accommodate your mental health needs, or retaliates against you, legal advice can help protect your rights.

The Ontario employment lawyers at Samfiru Tumarkin LLP advises non-unionized employees across Ontario on sick leave, medical leave, and wrongful dismissal.

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