What Is Stress Leave in Ontario?  

Stress leave in Ontario refers to time off work due to stress, burnout, anxiety, depression, or other mental health conditions that affect an employee’s ability to perform their job.

Under Ontario law, stress leave may be protected under:

  • The Employment Standards Act, 2000 (ESA)
  • The Ontario Human Rights Code

If properly supported by medical documentation, employees are legally protected from retaliation or termination for taking stress leave.

What Qualifies for Stress Leave in Ontario?

An employee may qualify for stress leave in Ontario if:

  • They are experiencing work-related stress or burnout
  • They have a diagnosed mental health condition (e.g., anxiety, depression, PTSD)
  • Their stress significantly affects job performance or attendance
  • A medical professional recommends time off

Stress leave is not a vacation. It must be medically supported if the employer requests documentation.

If the condition qualifies as a disability under the Human Rights Code, additional protections apply.

How Long Can You Go on Stress Leave in Ontario?

This is the most searched question.

Under the Employment Standards Act:

  • Employees are entitled to up to 17 weeks of unpaid sick leave per calendar year.

However:

If stress or a mental health condition qualifies as a disability, leave may extend beyond 17 weeks under Human Rights Code accommodation obligations.

There is no fixed maximum duration under human rights law. Leave must continue unless:

  • Accommodation causes undue hardship to the employer, or
  • The employee is medically unable to return to work even with accommodation.

The length of stress leave depends on medical documentation and recovery needs.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Stress leave can raise difficult questions for both employees seeking support and employers managing workplace obligations. Understanding your rights, eligibility, and responsibilities under Ontario law is essential, which is why speaking with an experienced employment lawyer before making decisions can help protect your interests.” 

Mental Health Leave in Ontario vs ESA Sick Leave

Many people use the terms interchangeably.

ESA Sick Leave (Statutory Leave)

  • Up to 17 weeks unpaid per year
  • Medical note may be required
  • Job protection applies

Human Rights Disability Leave

  • Applies if stress relates to a disability
  • May extend beyond ESA limits
  • Requires reasonable accommodation
  • Cannot be arbitrarily capped

Employers must analyze both frameworks.

Can My Job Fire Me for Mental Health Issues?

Generally, no.

An employer cannot terminate an employee solely because of a mental health condition if it qualifies as a disability under the Human Rights Code.

Termination may violate:

However, termination may be lawful if:

  • The employee cannot perform essential job duties even with an accommodation
  • The employer has met the duty to accommodate to the point of undue hardship
  • Termination is unrelated to the medical condition (with clear documentation)

Each case is fact-specific.

Is Terminating an Employee with Mental Health Issues Legal in Ontario?

It depends.

Employers must:

  • Assess whether the condition is a disability
  • Explore reasonable accommodations
  • Document interactive discussions
  • Avoid discriminatory decisions

Failure to accommodate can result in:

  • Human rights damages
  • Reinstatement orders
  • Lost wage compensation
  • Legal costs

Improper termination during stress leave significantly increases liability risk.

Employee Protections During Stress Leave in Ontario

Employees on stress leave are protected from:

  • Termination due to leave
  • Discipline related to medical absence
  • Demotion or reduced hours as retaliation
  • Constructive dismissal tactics

Employees should:

  • Provide medical documentation
  • Keep copies of communications
  • Clarify expected return timelines

Employer Obligations for Stress Leave Ontario

Employers must:

  • Treat stress leave as protected medical leave
  • Maintain confidentiality
  • Engage in accommodation discussions
  • Avoid punitive or retaliatory action
  • Assess undue hardship carefully

Mental health leave is a legal compliance issue, not a discretionary benefit.

Practical Steps

For Employees

  • Obtain medical documentation
  • Notify the employer promptly
  • Keep written records
  • Clarify accommodation options
  • Seek legal advice before resigning

For Employers

  • Request appropriate documentation (not diagnosis details)
  • Engage in interactive accommodation process
  • Document decisions carefully
  • Avoid automatic termination policies
  • Seek legal advice before ending employment

When to Speak With an Employment Lawyer

Stress leave in Ontario involves overlapping ESA and human rights protections.

Employees should seek legal advice if:

  • Accommodation is refused
  • Termination occurs during leave
  • They are pressured to resign

Employers should seek advice before:

  • Denying extended leave
  • Terminating during mental health absence
  • Refusing accommodation requests

Call toll-free: 1-800-771-7882

Confidential consultations available across Ontario.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

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