In Ontario, employees have the right to prioritize their health and well-being, including taking time off work when necessary for stress leave.
Under the Ontario Employment Standards Act (ESA), taking a stress leave falls under specific medical leave provisions. While these provisions allow employees to take a leave of absence due to physical illness or injury, they fully extend to cover time off needed for burnout, severe workplace stress, anxiety, and depression.
The Quick Answer: Stress leave is legally protected in Ontario. For short-term burnout, the ESA provides 3 days of unpaid sick leave. For severe, ongoing mental health crises, the newly updated ESA provides up to 27 weeks of job-protected Long-Term Illness Leave. During an extended leave, employees can apply for up to 26 weeks of paid EI Sickness Benefits.
On This Page:
- 1. Short-Term Stress Leave
- 2. The 27-Week Leave
- 3. Duty to Accommodate
- 4. How to Get Paid
- 5. Protections for Stress Leave
- 6. Get Legal Advice
Short-Term Stress Leave (The 3-Day ESA Rule)
Under the ESA, an employee who has worked for an employer for at least 2 consecutive weeks in Ontario is entitled to 3 days of unpaid sick leave per calendar year.
This provision legally includes cases of excessive stress that significantly impact an employee’s mental health. You do not legally need a doctor’s note to take these 3 days.
Important Rule: If an employee takes any part of a day as leave under this provision, the employer has the right to count it as one full day of leave. For example, if you leave work at noon due to a severe panic attack, your employer may count that half-day as one of your three allotted sick days.
Need More Time? The 27-Week Long-Term Leave
If a few days of rest is not sufficient to recover from burnout or a mental health crisis, Ontario law provides extended protections.
Effective June 2025, the ESA was updated to include a Long-Term Illness Leave. If you have been employed for at least 13 consecutive weeks, you are legally entitled to take up to 27 weeks of unpaid, job-protected leave within a 52-week period.
The Duty to Accommodate
If your stress leave extends beyond the ESA minimums, employers are still legally required to accommodate your mental health disability to the point of “undue hardship,” as mandated by the Ontario Human Rights Code.
This may include allowing you to remain on a medically supported unpaid leave to recover from stress-related struggles, or providing workplace accommodations (such as altered hours or remote work) when you are ready to transition back. As long as you provide legitimate, ongoing medical documentation, your employer must accommodate your restriction.
How to Get Paid While on Stress Leave
While ESA stress leaves are legally unpaid, you have several options to replace your income while you focus on your mental health:
- Employer Paid Sick Days: Some employers voluntarily offer paid sick days or personal time off. Check your employment contract or HR manual to see if you can use these days for your stress leave.
- EI Sickness Benefits: If you are off work for an extended period, you can apply for sickness benefits through Employment Insurance (EI). The federal government recently extended this program, allowing eligible Canadians to receive 55% of their earnings for a period of up to 26 weeks while on medical leave.
- Disability Benefits: You may also be entitled to Short-Term Disability (STD) or Long-Term Disability (LTD) benefits through your employer’s group insurance plan to assist with your financial stability during your recovery
Protections for Stress Leave Under the ESA
Employees have the fundamental right to take medically supported mental health and stress leave under the ESA and the Ontario Human Rights Code.
Employers do not have the right to take negative action against you (such as demoting you, cutting your pay, or firing you) as a result of taking stress leave. If an employer refuses to grant a documented stress leave, or terminates your employment while you are trying to recover, it is considered a wrongful dismissal and a severe human rights violation.
Put Samfiru Tumarkin LLP in Your Corner
Navigating a mental health crisis is incredibly difficult — you should not have to fight your employer or an insurance company at the same time.
If your employer is punishing you for taking stress leave, denying your right to time off, or if an insurance company has cut off your disability benefits, the Ontario employment and disability lawyers at Samfiru Tumarkin LLP are here to help. As the most positively reviewed law firm in Canada, we have the experience to protect your job and secure your financial compensation.