When can you get Stress Leave at Work – Lawyer

Stress leave refers to an employee’s break from work as a result of them experiencing a significant level of stress or mental anguish that hinders their ability to perform their work obligations. It typically requiring a medical professional’s diagnosis. Determining what level of stress is sufficient to qualify for stress leave can be a subjective task, and therefore seeking legal advice is recommended to ensure the best outcomes.

Generally speaking, employees in Ontario are entitled to stress leave, also known as mental health leave or sick leave, if they are dealing with severe stress, anxiety, or other mental health conditions that disrupt their ability to perform the obligations of their job. If the significant stressor is classified as a “disability,” the employee may be entitled to extended stress leave. An example of a significant stressor that might qualify as a disability includes mental health conditions like PTSD or severe anxiety. Employers in Ontario must comply with the Ontario Human Rights Code (OHRC), which mandates that employers provide accommodations for employees with disabilities.

This obligation means that employees can be eligible for longer than the usual three-day job-protected absence if they are under a significant amount of stress. Employers are required by law to provide accommodations up to the point of “undue hardship,” even if it poses an inconvenience to the employer.

This obligation might entail allowing an employee to take unpaid sick leave for an extended period, exceeding the minimum Employment Standards Act (ESA) regulations or the terms of their employment contract, if necessary for the employee’s recovery from mental health and stress-related conditions.

Can my Employer Deny my Stress Leave?

In the case that an employee has a mental health disorder substantiated by medical documentation, it is generally against the law for an employer to deny them stress leave. In this scenario, the employer would be in violation of the employee’s human rights and may be required to pay damages. It might be difficult to prove that your employer has violated your right to stress leave, and therefore it is highly advisable to consult a lawyer to best protect your rights as an employee. Again, stress leave can be a subjective topic which can make it tricky to navigate

Employers are allowed to request basic medical records from their staff in order to sufficiently prove that they need mental health and stress relief time off. It is not always necessary for this paperwork to be extremely comprehensive to include specific information on an employee’s particular diagnosis. Generally speaking, the employer is only entitled to the medical information that is deemed reasonably required to accommodate for that employee’s disability at work, and nothing beyond that.

How do I Apply for Stress Leave?

To apply for stress leave, you can start by obtaining a medical certificate from a healthcare provider, such as your family physician. Once you have obtained this certificate, you should inform your employer and submit any required documentation through your Human Resources (HR) department. After you and your healthcare practitioner have decided on an appropriate duration for your mental health leave, you should provide your employer with the doctor’s letter. In this process, you are not “requesting” authorization, but rather informing your employer that you will be taking a leave of absence under your doctor’s orders.

What are my Rights while on Stress Leave?

While on stress leave, you have the right to take time off without fear of termination or retaliation from your employer. Note that reprisal or retaliation does not always have to be explicit. Retaliation might occur in indirect ways as well, such as slowly cutting your hours until you feel obligated to quit the job.

In some cases, you may be eligible for benefits through employment insurance (EI) or your workplace benefits plan. During a prolonged leave of absence, you may not necessarily receive your regular pay. Additionally, your employer is not obligated to maintain your health coverage, though some companies may do so initially, depending on the job. Workers on leave are eligible for employment insurance (EI) benefits, which typically cover about three months’ worth of wages.

Your employer must provide a record of employment if you are a full-time permanent employee or an hourly worker contributing to employee health benefits (check your pay stubs to confirm deductions). Self-employed persons who are registered may also be eligible for EI.

How is Stress Leave Different from Regular Leave?

In Ontario, stress leave can be taken in addition to the three days of unpaid leave mandated by government regulations. Since employment is protected during stress leave, employees are more likely to take it without fear of losing their jobs. Stress leave differs from regular leave in numerous ways, including eligibility, duration, purpose, and employee protections.

Stress leave requires medical documentation confirming the need for time off due to work-related stress or mental health issues. It can last from a few days to several months, depending on medical advice. Regular leave, such as vacation or personal days, typically does not require medical documentation and is often limited by company policy or labour regulations.

Stress leave specifically addresses mental health concerns, allowing employees to recover and seek treatment with minimal job loss fears. Regular leave can serve a variety of purposes, like vacation, personal matters, or religious observances, and generally is not intended for health-related issues unless classified as sick leave.

There are certain protections for stress leave that are set out under the Ontario Human Rights Code and Employment Standards Act (ESA). Some of these safety measures include protections for job security and mandated accommodations for returning employees. Regular leave, while protected under the ESA for vacation and statutory holidays, might not offer the same level of job protection for stress leave.

In regard to payment during stress leave, the general custom is that stress leave is unpaid, unless it is explicitly covered by an employer’s sick leave policy or short-term disability benefits. Employees may also qualify for Employment Insurance (EI) sickness benefits. It is important to consult your workplace’s policies on stress leave to best understand your rights. Consulting a legal professional will help you best navigate your workplace’s policy and know what your rights are as an employee requiring stress leave.

Regular leave usually includes paid vacation days and statutory holidays, with personal or unpaid leave being unpaid unless specified otherwise in the employment agreement. Employees in Ontario are entitled to a minimum of three days of unpaid leave for personal illness, injury, or medical emergency under the ESA. Stress leave can typically be taken in addition to these three days, offering additional protection and flexibility to address mental health needs without posing undue concerns regarding job security. This information should not be taken as legal advice, and it is best to consult a legal professional to protect your rights regarding stress leave.