Stress leave (also called mental health leave or medical stress leave) is time off work due to psychological conditions that prevent you from doing your job. This includes work-related stress, anxiety, depression, burnout, and other mental health conditions certified by a healthcare provider.
If you’re dealing with workplace stress, anxiety, or other mental health issues in Ontario, you have rights and options. Here’s what you need to know about taking stress leave.
How to Apply for Stress Leave in Ontario
Step 1: See your doctor or mental health professional. They need to provide medical documentation stating you cannot work due to your condition.
Step 2: Notify your employer as soon as possible. You don’t need to share specific details about your condition, just that you have a medical issue preventing you from working.
Step 3: Submit the medical certificate to your employer and apply for Employment Insurance (EI) if eligible.
Is Stress Leave Paid in Ontario?
Yes, but payment depends on your situation:
- EI Benefits: Up to 55% of your average weekly earnings (maximum $668/week in 2024) for up to 15 weeks if you qualify
- Employer Benefits: Many employers provide sick pay that supplements or replaces EI benefits
- Long-term Disability: If available through your employer, typically pays 60-70% of your income for extended periods
To qualify for EI, you need 600 hours of work in the past 52 weeks and medical certification that you cannot work.
How Long Can You Take Stress Leave?
Short-term: Usually 2-26 weeks, depending on your medical needs and recovery time.
Long-term: Can extend months or years for severe conditions. May transition from EI to long-term disability benefits.
The duration should be based on medical necessity, not just benefit limits. Your doctor determines how long you need off work.
Learn about parental leave and sick leave rights in Ontario. Understand the 7 reasons for immediate termination of employment to protect your job.
Special Cases
Teachers have additional protections under collective agreements and pension plan benefits. Work with your school board and union representatives.
Other unionized employees often have enhanced sick leave benefits and job protections beyond minimum legal requirements.
Your Rights and Protections
- Your employer cannot fire you for taking legitimate stress leave
- You must be reinstated to your job (or comparable position) when ready to return
- Mental health conditions are protected under human rights legislation
- You’re protected from discrimination based on your mental health needs
Common Questions Answered
Any mental health condition certified by a healthcare provider that prevents you from working.
Typically 55% of earnings through EI, plus potential employer top-ups or separate sick pay benefits.
Get medical certification, notify your employer, apply for benefits, maintain communication during leave.
EI has a one-week waiting period. Employer benefits vary by company policy.
No, not for taking legitimate medical leave. You have job protection under Ontario law.
When to Get Legal Help
Consider consulting an employment lawyer if:
- Your employer denies your stress leave request
- You face discrimination for taking mental health leave
- Your benefits are wrongfully denied or delayed
- You’re pressured to return to work prematurely
- Your job protection rights are violated
Taking stress leave in Ontario is your legal right when you have a medical need. You’re entitled to job protection, potential pay through EI and employer benefits, and accommodation when you return. Don’t let mental health challenges go untreated – get the help you need and understand your workplace rights.
If you’re struggling with workplace stress or facing challenges accessing your stress leave rights, professional legal advice can help protect your interests and ensure you receive all benefits you’re entitled to under Ontario law.
