Stress leave in Ontario: what the law actually gives you

The short version. Ontario law has no separate "stress leave". Time off for stress or a mental health condition is taken the same way as time off for any other health problem. For a few days, you have up to 3 unpaid, job-protected sick days a year, and your employer can't require a doctor's note for them. For a longer absence, Ontario's long-term illness leave gives up to 27 weeks of unpaid, job-protected leave for a serious medical condition. Income while you're off can come from Employment Insurance (EI) sickness benefits, up to $729 a week in 2026, or from a workplace disability plan. If work itself caused the problem, the Workplace Safety and Insurance Board (WSIB) may cover it.

Is there such a thing as stress leave in Ontario?

Not as a legal category. "Stress leave" is an everyday phrase, not a type of leave in Ontario's Employment Standards Act, 2000 (ESA), the law that sets minimum workplace rights for most Ontario employees.

That doesn't mean you have no rights. Stress, burnout, anxiety and depression can all stop you from working, and the law treats them like any other health condition. Which protections apply depends on how long you need off, whether you need income while you're away, and whether your work caused the problem.

These rules apply to most Ontario employees. If you work for a federally regulated employer, such as a bank, airline or telecom company, the Canada Labour Code applies instead. It provides up to 10 days of paid medical leave a year and up to 27 weeks of unpaid medical leave.

What are your options for time off?

The Ontario leaves give job protection; EI and disability plans give income. They are separate systems, so you may qualify for more than one. Sources: Ontario Ministry of Labour, Immigration, Training and Skills Development; Service Canada; WSIB. Current as of September 2026.

Can you take sick days for stress in Ontario?

Yes, up to 3 a year. Under the ESA, you are entitled to up to 3 days of unpaid, job-protected sick leave each calendar year once you have worked for your employer for at least 2 consecutive weeks. Stress or a mental health condition that stops you working counts, like any other illness.

Since 28 October 2024, your employer is prohibited from requiring a certificate from a qualified health practitioner for these days. It can still ask for evidence that is "reasonable in the circumstances", taking into account things like how long you were off and whether there's a pattern.

Your employment contract may give you more, such as paid sick days. The ESA sets the minimum. Our guide to doctor's notes for work covers when an employer can and can't ask for a note.

Can you take a longer leave for stress or mental health?

Yes, if your condition is serious. Ontario's long-term illness leave came into force on 19 June 2025. It gives up to 27 weeks of unpaid, job-protected leave in a 52-week period to an employee who can't work because of a serious medical condition.

• Who qualifies: employees covered by the ESA who have worked for their employer for at least 13 consecutive weeks, whether full-time, part-time, permanent or on contract.
• Notice: you must tell your employer in writing that you are taking the leave.
• Flexible weeks: the 27 weeks don't have to be taken in one block, and your employer can't make you take a whole week if you need only a day.
• The certificate: your employer can ask for one, and you must provide it as soon as possible. It must name you, state that you have a serious medical condition, and set out the period you will be away.
• No retaliation: your employer cannot threaten, fire or penalize you for taking the leave.

The Ministry does not publish a list of "serious" conditions. Its guide says a serious condition can include one that is chronic or episodic, and the certificate does not have to say what the condition is.

The certificate must come from a qualified health practitioner: a physician, registered nurse or psychologist. In Ontario that includes psychiatrists and nurse practitioners.

Can you get paid while on stress leave?

Not from the ESA leaves themselves. Both are unpaid. Income usually comes from one of these:

• EI sickness benefits. Service Canada pays 55% of your insurable earnings, up to $729 a week in 2026, for up to 26 weeks, after a one-week waiting period. You need 600 insured hours in the qualifying period, a drop in weekly earnings of more than 40%, and a medical certificate. Our guide to EI sickness benefits and the medical certificate covers eligibility and how to apply.
• A workplace short-term or long-term disability plan, if your employer offers one. The insurer sets its own rules and forms. Check your benefits booklet or ask human resources.
• Paid sick days in your contract or workplace policy, if you have them.
• WSIB benefits, only if a work-related stressor caused your condition. See below.

Does your employer have to accommodate a mental health condition?

Yes, where the condition is a disability. The Ontario Human Rights Commission (OHRC) policy on mental health disabilities and addictions confirms that mental health disabilities are protected under the Human Rights Code, including in employment. Employers must accommodate them to the point of undue hardship.

Accommodation can mean time off, but it can also mean a gradual return, changed hours or modified duties. When you're ready to go back, our guide to return-to-work and fit-to-work notes explains what your employer may ask for.

Can you get WSIB for stress caused by work?

Sometimes. The Workplace Safety and Insurance Board (WSIB), Ontario's workplace injury insurer, covers three kinds of mental stress injury:

• chronic mental stress, where a work-related stressor is the main cause
• traumatic mental stress, caused by a work-related traumatic event
• post-traumatic stress disorder in first responders, which is presumed to be work-related

The injury must come from exposure to a substantial work-related stressor or traumatic event. WSIB states that coverage does not apply when the stress was caused by regular management decisions or actions, such as firing, transfers, schedule changes or workload adjustments.

WSIB also requires a mental health diagnosis under the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), made by a physician, nurse practitioner, psychologist or psychiatrist. If that applies to you, you can report the injury to WSIB online.

What is your employer entitled to know?

Usually that you can't work and for how long, not your diagnosis.

• The long-term illness leave certificate must say your condition is serious. The Ministry's guide says it does not have to name the condition.
• Service Canada's EI medical certificate (form INS5140) asks only for the dates you can't work, and it goes to Service Canada, not your employer.
• For accommodation, the OHRC says employers should focus on your needs and limitations, not routinely demand a diagnosis.
• Disability insurers and WSIB usually need more clinical detail. That information goes to the insurer or WSIB.

Where should you start if stress is affecting your work?

With an assessment. A clinician can work out what is going on, whether it is safe to keep working, and what treatment would help. It also means that if you later need a certificate for a longer leave or EI, you already have a clinician involved in your care.

• Your family doctor or nurse practitioner, if you have one.
• Your employee assistance program (EAP). Many employers offer free, confidential counselling through one. Check your benefits booklet.
• Campus counselling, if you are a student. It is often free.
• Doctor Fran, if you have no family doctor or no OHIP. A physician licensed in Ontario can assess you by phone, start treatment where appropriate, and refer you to psychiatry or counselling. It is a flat $82, with no health card needed.
• 988, by call or text, any time you feel unsafe. For immediate danger, call 911.

Doctor Fran is a virtual service with no physical location. If you need in-person care, the physician will tell you where to go.

Frequently asked questions

Is stress leave a real thing in Ontario?

Not as a separate type of leave. Ontario's Employment Standards Act has no leave called stress leave. Time off for stress or a mental health condition is taken through ESA sick leave, ESA long-term illness leave, EI sickness benefits, a workplace disability plan, or WSIB if a work-related stressor caused it.

How long can you be off on stress leave in Ontario?

It depends on the route. ESA sick leave gives up to 3 days a year. ESA long-term illness leave gives up to 27 weeks in a 52-week period for a serious medical condition. EI sickness benefits pay for up to 26 weeks. A workplace disability plan or WSIB sets its own limits.

Is stress leave paid in Ontario?

The ESA leaves are unpaid. You may get EI sickness benefits, which pay 55% of your insurable earnings up to $729 a week in 2026 for up to 26 weeks, or benefits from a workplace disability plan, or paid sick days if your contract provides them.

Can my employer fire me for taking stress leave?

Your employer cannot threaten, fire or penalize you for taking an ESA sick day or long-term illness leave you are entitled to. Where a mental health condition is a disability, the Human Rights Code also requires your employer to accommodate it to the point of undue hardship.

Can my employer ask for a doctor's note for stress leave?

Not for the 3 ESA sick days: since 28 October 2024, employers cannot require a certificate from a health practitioner for those. For long-term illness leave, your employer can ask for a certificate stating that you have a serious medical condition and the period you will be away.

Do I have to tell my employer my diagnosis?

Usually not. The long-term illness leave certificate does not have to name the condition, and the OHRC says employers should focus on your needs and limitations rather than routinely demanding a diagnosis. Disability insurers and WSIB usually need more clinical information, which goes to them rather than to your employer.

Can I get EI for stress leave?

Yes, if a medical condition stops you working and you meet Service Canada's rules: 600 insured hours in the qualifying period, a drop in weekly earnings of more than 40%, and a medical certificate. Psychologists are among the professionals who can sign it, along with doctors and nurse practitioners.

Does WSIB cover burnout?

Only when the conditions for chronic mental stress are met: a substantial work-related stressor must be the main cause, and a physician, nurse practitioner, psychologist or psychiatrist must make a DSM-5 diagnosis. WSIB does not cover stress caused by regular management decisions such as firing, transfers, schedule changes or workload adjustments.

The leave rules were read on the Ontario Ministry of Labour's guide to the Employment Standards Act, the EI rules on Service Canada's pages, the WSIB rules on WSIB's own page and the accommodation principles in the OHRC's policy, on 16 September 2026. This page is general information, not medical or legal advice. For advice about your own job, speak to an employment lawyer or a legal clinic. If you are in crisis, call or text 988; in an emergency, call 911.