Stress Leave and Mental Health in Ontario: Your Rights
Mental health is not always a visible problem in the modern workforce. Many employees suffer stress, anxiety, and burnout without taking any time off from work to recover.
If this describes your situation, you may be wondering what your rights are. Are you entitled to mental health and stress leaves in Ontario? What are your specific rights? What if your employer does not respect your rights?
This article will answer the questions outlined above by explaining workplace rights respecting mental health and stress leave. You will also learn how an employment and mental health lawyer can help with your situation.
Are Ontario Employees Entitled to Stress Leave and Mental Health Leave?
Under the Ontario Employment Standards Act, 2000 (“ESA”), employees are entitled to take a variety of unpaid leaves of absence, which can be used when needed to address an employee’s workplace mental health concerns. Primarily, employees in Ontario are entitled to at least up to 3 unpaid sick days from their employer which can be used to address mental health and stress-related struggles.
Beyond that, the Ontario Human Rights Code (“Code”) requires employers to accommodate an employee’s disabilities in the workplace to the point of undue hardship. Mental health and stress concerns are considered a form of disability under the Code.
It could be considered a reasonable accommodation for an employer to allow an employee to remain on unpaid medical leave to help them recover from their mental health and stress-related struggles. The requirement to accommodate the employee under the Code may warrant granting unpaid leave beyond the minimums allowed for under the ESA or the employee’s contract.
Some employers offer employees paid sick days and disability benefits through an insurer that allows an employee to go on an extended mental health and stress-related leave with pay. This will depend on the unique relationship and agreements between the employer, employee, and any third-party insurer.
To summarize, an employee may be entitled to mental health and stress leave in Ontario under the ESA and the Code. However, the length of such leave and whether such leave would be paid will depend on an employee’s unique circumstances.
What If An Employer Does Not Provide Stress Leave or Mental Health Leave?
Employers are allowed to ask their employees for simple medical documentation to demonstrate their need for mental health and stress leave. However, this documentation does not need to be extensively detailed or provide information about an employee’s specific diagnosis. The employer is only entitled to disclosure of medical information reasonably necessary to accommodate an employee’s disability in the workplace.
If an employer unreasonably refuses to grant an employee medical leave or stress leave, and/or takes action to retaliate against them for requesting it, that can result in legal liability for:
- Constructive dismissal
- Violations of the ESA
- Violations of the Code
- Violations of the Ontario Occupational Health and Safety Act
This can result in an employer having to pay an employee’s severance entitlements, damages, and potentially the employee’s legal fees. How an employee can address a workplace dispute with their employer regarding mental health and stress leave will depend on the unique circumstances of their case.
How Can An Employment and Human Rights Lawyer Help?
Whether you are an employer or an employee, you may need tailored legal advice to resolve a workplace dispute relating to mental health and stress leave. It is always best practice to gather relevant documents and seek a consultation with an employment and Human Rights lawyer promptly for guidance regarding the next steps.
When dealing with mental health and stress leave issues in the workplace, a lawyer can help both employers and employees with:
- Providing legal advice
- Negotiating a resolution
- Drafting policies, letters, and other legal documents
- Handling complex and technical legal proceedings
- Minimizing legal risks while achieving a desirable outcome
Conclusion
Workplace mental health and stress-related issues have become increasingly important to manage. It is critical to understand how to take and address stress or mental health leaves in today’s working environment.
Ontario employees are entitled to at least unpaid mental health and stress leave under the ESA and the Code. Employers can also provide their employees paid sick days and insurance benefit coverage for employee mental health and stress leaves.
If an employer does not allow an employee to go on a documented mental health and stress leave or otherwise mistreats an employee for requesting such leave, they could be liable for a variety of damages. Facing such circumstances can be complex and stressful, so it is always best to consult with an employment and Human Rights lawyer for advice about the next steps.
Contact Achkar Law
Are you being denied medically documented stress or mental health leave and facing discrimination at work? Achkar Law is here to help. Our compassionate legal team can provide the support and guidance you need to protect your rights and address this discrimination. Contact us today for a consultation and let us assist you in ensuring you receive the fair treatment you deserve.
Don’t Wait for Matters to Escalate
Schedule Your Confidential Consultation Today – Reach out to us to discuss your situation in a private and secure setting. Our consultation process is designed to give you the insights and options you need to move forward.
Your initial consultation is the first step towards resolving your employment law concerns.
Call us today toll-free: 1 (800) 771-7882.
Let’s work together towards a positive outcome.
Need Help with Stress Leave or Mental Health Leave Issues?
Related Topics
Vacation Pay in Ontario Explained
Medical Leave for Federally Regulated Employees
Stressors on Mental Health at Work
