Stress Leave in Ontario: What Employees Need to Know

Work-related stress is an inevitable part of life for many people. However, when it becomes overwhelming, it can cause severe mental and physical health issues. Fortunately, employees in Ontario have the right to take stress leave to address these health concerns. This article will guide you through what stress leave is, the legal framework for stress leave in Ontario, and how to make the most of your stress leave through therapy.

What is Stress Leave?

Stress leave is when an employee takes time off work to recover from stress-related health issues. This leave can be crucial for those experiencing burnout, anxiety, depression, or other mental health challenges due to workplace stress. 

Stress leave allows employees to step away from their job responsibilities to focus on their well-being, ensuring they return to work healthier and more productive.

Stress Leave in Ontario

In Ontario, stress leave falls under the category of medical leave as per the Ontario Employment Standards Act, 2000 (ESA). The ESA provides guidelines for "Sick Leave," which is available to employees needing time off due to illness or injury, including stress-related conditions. 

Provisions for sick leave are outlined in Section 50. of the ESA. This includes eligibility, notice requirements, length of leave, etc. 

FAQ about Stress Leave in Ontario

Below are common questions about stress leave in the province.

Who is entitled to stress leave in Ontario?

All workers (full-time and part-time) who have been employed for at least two consecutive weeks are entitled to take job-protected leave if they cannot work due to personal illness, injury, or medical emergency. This extends to individuals experiencing health issues due to stress.

Note: Certain professionals may not be entitled to stress leave if taking time off would be considered professional misconduct or abandonment of duties. Learn more about these exempt workers. 

Is stress leave paid?

Stress leave in Ontario is generally unpaid. However, stress/sick leave pay may be provided as part of an employer's benefits package or company policy. 

Individuals may also be entitled to sickness benefits through Employment Insurance (EI). These benefits can provide workers with up to 26 weeks of financial assistance if they are unable to work for medical reasons, including stress-related health problems. 

To receive EI sick benefits, employees must demonstrate that: 

• They are unable to work for medical reasons.

• Their regular weekly earnings from work have decreased by more than 40% for at least one week.

• They have accumulated 600 insured hours of work in the 52 weeks before the start of your claim or since the start of your last claim, whichever is shorter.

When applying, a medical certificate signed by a medical practitioner is also needed. Click here to learn more about EI sickness benefits.

How long is stress leave in Ontario?

Ontario employees are entitled to up to three full days of unpaid sick leave per calendar year, regardless of when they started working within that year. 

This leave can be taken in part days or full days and does not have to be taken consecutively. However, employees can count a part-day absence as a full day of leave. Additionally, sick leave days cannot be carried over into the next calendar year.

What are employee rights under stress leave in Ontario?

Employees have the right to take job-protected leave for medical reasons, including stress. This means they cannot be terminated, threatened, or penalized due to their absence. Employees can return to their job or a comparable position with the same pay and are entitled to accrue benefits during the leave and upon returning from leave. 

Employees who take stress leave have the same rights as employees who take pregnancy or parental leave.(Learn more). 

What are employer rights under stress leave in Ontario?

Employers must manage employees' absence and coordinate their return to work in compliance with the ESA. Under these provisions, employers have the right to ask for reasonable notice and request a medical certificate from a qualified health practitioner to confirm the need for stress leave. 

Employers are not required to offer paid stress leave unless denoted in an employment contract or company policy. 

Do you need to provide notice for stress leave in Ontario?

Employees should provide their employer with written or oral notice as soon as possible if they need to take stress leave. This should ideally be before starting, but if the leave is unforeseeable, notice should be given as soon as practicable. Failure to notify the employer does not take away the employee's right to take stress leave. 

Can an employer ask for proof of entitlement?

Yes, an employer can ask employees to provide evidence "reasonable in the circumstance" of eligibility for stress leave. This can vary depending on the situation but may require the employee to provide a medical certificate from a qualified health practitioner to verify their need for stress leave.

Can an employer deny stress leave?

An employer cannot deny stress leave if the request meets the ESA's provisions and the employee provides the necessary medical documentation supporting their need for the leave.

Maximize the Effects of Stress Leave With Our Therapist Collective

Taking stress leave is a crucial first step towards recovery, and pairing it with professional therapy can significantly enhance its effectiveness. 

Therapy provides a structured environment where individuals can explore the root causes of their stress, develop coping mechanisms, and work towards sustainable mental health.

At OntarioTherapists.com, we offer personalized therapy and counselling for individuals facing stress and burnout. Our goal is to provide the necessary support for clients to process their experiences, gain valuable insights, and build resilience, ensuring a more successful return to work.

Our psychotherapists have experience supporting various mental health conditions, with several team members specializing in stress and burnout therapy. We understand the profound impact of work-related stress on your life and are here to help you regain control and move forward in your recovery journey.

Book a free half-hour consultation via video call or phone to learn more about how we can support you. Call us at 647-296-9235 or ​​click here to book your appointment.