Stress leave in Ontario is medically supported time away from work when stress, anxiety, depression, burnout or another mental-health condition prevents you from working.
Ontario does not have one specific Employment Standards Act (ESA) leave called “stress leave.” Depending on your condition, you can have three unpaid sick days, up to 27 weeks of job-protected long-term illness leave, and potentially longer time away where a mental-health disability requires accommodation under the Ontario Human Rights Code.
If you need time away, don’t simply stop attending work or resign. Notify your employer, get appropriate medical support where required and keep your employer reasonably updated about your ability to work.
On This Page:
- 1. How Long Can Stress Leave Last?
- 2. What Qualifies for Stress Leave?
- 3. How to Take Stress Leave
- 4. Is Stress Leave Paid?
- 5. Doctor’s Notes & Medical Privacy
- 6. Job Protection & Returning to Work
- 7. FAQs
How Long Can You Take Stress Leave in Ontario?
Stress leave in Ontario can range from a few days to 27 weeks or longer, depending on the medical condition and which legal protection applies.
| Protection | How Long? | Main Requirement |
|---|---|---|
| ESA Sick Leave | Up to 3 days per calendar year | At least 2 consecutive weeks of employment |
| ESA Long-Term Illness Leave | Up to 27 weeks in a 52-week period | At least 13 consecutive weeks of employment and a serious medical condition supported by a health practitioner |
| Human Rights Accommodation | No fixed statutory maximum | A disability-related need that can be accommodated without undue hardship |
What if you only need a few days off?
Ontario employees who have worked for their employer for at least two consecutive weeks can take up to three unpaid, job-protected sick days each calendar year for their own illness, injury or medical emergency.
A mental-health condition can qualify where it makes you unable to work.
What if you need several weeks or months?
If you have a serious medical condition that prevents you from performing your job, Ontario’s newer long-term illness leave can provide up to 27 weeks of unpaid, job-protected leave in a 52-week period.
You must have worked for the employer for at least 13 consecutive weeks and obtain the required medical certificate.
Can stress leave last longer than 27 weeks?
Yes, potentially. If your mental-health condition amounts to a disability under the Ontario Human Rights Code, your employer can have a separate duty to accommodate you beyond the ESA leave period.
There is no automatic maximum number of accommodation weeks. The employer must accommodate your disability-related needs to the point of undue hardship.
What Qualifies for Stress Leave in Ontario?
You can qualify for protected medical leave when a mental-health condition affects your ability to work and the requirements of the applicable leave are met.
Conditions that can support stress or mental-health leave include:
- Anxiety
- Depression
- Post-traumatic stress disorder
- A serious stress-related medical condition
- Burnout that has developed into a medically recognized condition
- Other psychological conditions affecting your ability to work
Feeling stressed by itself does not automatically create a Human Rights Code entitlement. Ontario human rights guidance specifically distinguishes ordinary stress from a disability or medical condition that requires accommodation.
Does the stress have to be caused by work?
No. A protected medical absence does not generally depend on whether your condition was caused by your job or by something outside work.
What matters is whether you have a qualifying medical condition and are unable to work or require workplace accommodation.
What if work is causing your stress?
You can still take medically supported leave, but separate employment-law issues can also arise.
For example, excessive workload, workplace harassment, bullying, discrimination or a major unwanted change to your job can create rights beyond medical leave.
How Do You Take Stress Leave in Ontario?
To take stress leave safely, get medical advice where needed, tell your employer you are unable to work and provide the documentation required for the type of leave you are taking.
- Speak with a health practitioner. Explain how your mental-health condition is affecting your ability to perform your job.
- Determine which leave applies. A short absence and a serious long-term condition have different ESA requirements.
- Notify your employer. Tell them you need medical leave and the expected duration where known.
- Provide required documentation. Long-term illness leave requires a qualifying medical certificate.
- Keep records. Save your medical-leave notice, employer responses and any return-to-work communications.
- Stay reasonably engaged. Provide appropriate updates if your expected return date or restrictions change.
Do you have to ask permission to take stress leave?
Not if you qualify for an ESA-protected leave. Your employer does not have discretion to refuse a statutory leave simply because the timing is inconvenient.
You still need to follow the applicable notice and documentation rules.
What should you tell your employer?
Tell your employer that you are medically unable to work, identify that you need a medical leave and provide the expected duration if your health practitioner has given one.
You generally do not need to give your manager a detailed account of your diagnosis, symptoms or treatment.
Is Stress Leave Paid in Ontario?
Ontario’s statutory sick leave and long-term illness leave are unpaid, but you can have other sources of income while you are away.
Possible income sources include:
- Paid sick days provided by your employer
- Short-term disability benefits
- Long-term disability benefits
- EI sickness benefits
Can you get EI while on stress leave?
Yes, if you meet the eligibility requirements for EI sickness benefits. EI can provide up to 26 weeks of income when you are unable to work for medical reasons.
In 2026, EI sickness benefits generally pay 55% of insurable earnings up to a maximum of $729 per week.
See our guide to EI sickness benefits in Canada.
Can you receive disability benefits for stress or anxiety?
Yes, potentially. If your employer provides disability coverage and your condition prevents you from working, you can qualify for short-term or long-term disability benefits under the policy.
See our guides to short-term disability in Ontario and long-term disability in Ontario.
Do You Need a Doctor’s Note for Stress Leave in Ontario?
It depends on which leave you are taking. Ontario employers cannot require a medical note from a qualified health practitioner for the ESA’s three statutory sick days, but long-term illness leave requires a medical certificate.
Three-day ESA sick leave
Since October 28, 2024, an employer cannot require a certificate from a qualified health practitioner to prove entitlement to Ontario’s three ESA sick days.
The employer can still ask for other evidence that is reasonable in the circumstances.
27-week long-term illness leave
For long-term illness leave, a qualified health practitioner must issue a certificate stating that:
- You have a serious medical condition
- The period during which you will not be working because of that condition
The certificate does not have to identify your specific medical condition.
For more detail, see our guide to doctor’s notes in Ontario.
Does your employer have the right to know your diagnosis?
Usually, no. When disability accommodation is involved, employers should generally focus on your functional restrictions, accommodation needs, ability to perform essential duties and expected return rather than demanding your diagnosis.
More detailed medical information can sometimes be justified where your needs are complex or unclear, but employers should request only what is genuinely necessary.
Is Your Job Protected While You Are on Stress Leave?
Yes, when you are properly exercising protected medical-leave or disability-accommodation rights, your employer cannot punish you because you took the leave.
Depending on the protection that applies, your rights can include:
- Protection from discipline or reprisal because of your leave
- Continuation of seniority and length of service during ESA leave
- Continuation of benefit-plan participation during qualifying ESA leave
- Reinstatement to your former or a comparable position after ESA leave
- Disability accommodation to the point of undue hardship
What accommodations can you receive when returning?
Your employer can be required to consider reasonable changes that allow you to return safely and perform your job.
Depending on your medical restrictions, accommodation can include:
- A gradual return to work
- Reduced or modified hours
- Modified duties
- Changes to scheduling
- Temporary alternative work
- Additional medically necessary leave
Learn more about your employer’s duty to accommodate in Ontario.
Can your employer force you back before you are ready?
Not simply because the employer wants you back. Your ability to return should be assessed using legitimate medical information about your restrictions and ability to perform the essential duties of the job.
At the same time, employees must cooperate reasonably with the accommodation and return-to-work process.
Can you be fired while on stress leave?
Your employer cannot lawfully fire you because you took protected leave or because of a mental-health disability.
Being on leave does not make you immune from every legitimate termination. An employer can potentially terminate employment for a genuine reason completely unrelated to your leave or disability.
But warning signs include:
- Complaints about the length of your medically supported absence
- Pressure to return before your restrictions allow it
- Discipline tied to disability-related absences
- A refusal to discuss reasonable accommodation
- A sudden demotion, pay cut or reduction in hours after disclosing your condition
- Termination shortly after requesting medical leave
If you are terminated without cause, you can still be entitled to proper severance. Depending on factors such as age, position, length of service and the availability of similar employment, severance can reach 24 months’ pay.
Stress Leave Ontario FAQs
How long can I be off work for stress in Ontario?
A short absence can use three ESA sick days. A serious medical condition can qualify for up to 27 weeks of long-term illness leave, while disability accommodation can potentially protect additional time away.
Is there officially a stress leave in Ontario?
No. “Stress leave” is a common term for medical leave related to mental health. The legal protection comes from sick leave, long-term illness leave, human rights accommodation or a combination of them.
Can I take stress leave for burnout?
Yes, if burnout has resulted in a medical condition that prevents you from working or creates disability-related accommodation needs.
Do I need a doctor’s note for three days of stress leave?
Your employer cannot require a qualified-health-practitioner certificate for the ESA’s three sick days. Different documentation rules apply to longer medical leave and accommodation.
Do I need a diagnosis to take 27 weeks of leave?
Your certificate must state that you have a serious medical condition and identify the period you cannot work. It does not need to name the condition.
Is stress leave paid by my employer?
Not under Ontario’s ESA. You can still qualify for employer-paid sick leave, disability benefits or EI sickness benefits.
Can my employer contact me while I am on stress leave?
Yes. Reasonable communication about documentation, your expected return and accommodation is permitted. That does not mean your employer can require you to continue performing your normal work while medically unable to do so.
Can my employer fire me because I have anxiety or depression?
No. An employer cannot discriminate against you because of a protected mental-health disability and must consider reasonable accommodation to the point of undue hardship.
Stress leave is not simply a workplace policy or a favour from your employer. When a genuine mental-health condition prevents you from working, Ontario’s employment standards and human rights laws can provide significant protection.
Samfiru Tumarkin LLP helps non-unionized Ontario employees dealing with denied stress leave, inappropriate medical demands, failed accommodation, pressure to return to work and termination connected to mental-health conditions.