Stress Leave Ontario 2026: What Employees Need to Know About Their Rights

Nowadays, as work stress grows, so do the cases of mental health issues. But workplace stress is no longer a silent struggle; it’s a matter of concern. This health issue affects productivity, career stability, and mental wellness. In 2026, Ontario employees are more aware than ever of their rights when work pressures become overwhelming. Did you know about stress leave in Ontario? It includes job-protected leaves, disability programs, and government benefits that can support you while you focus on recovery. Having a complete knowledge of all these factors helps you make an informed decision.

Let’s know more about your rights to gain the benefits of stress leave if you are working in Ontario.

Types of Leave of Absence in Ontario

To protect employees during health challenges and emergencies, Ontario’s Employment Standards Act (ESA) has designed several statutory leaves. Besides, stress leave is defined in many terms under the ESA for employees experiencing stress-related health issues. They can rely on the following provisions:

Sick Leave: An employee can apply for up to three unpaid days per year for illness, injury, or medical emergencies. It can include the stress or anxiety diagnosed by a doctor or healthcare professional.
Family Responsibility Leave: If there is any urgency in the family, workers can apply for up to three unpaid days to address family emergencies, whether it is health or care needs.
Personal Emergency Leave (PEL): This is available mainly to those employees who work with large employers. It covers the illnesses and emergencies that affect the worker or their family members.
Disability Leave and Private Benefits: Beyond ESA job-protected leaves, many workers rely on employer disability plans, insurance policies, or government programs.

During this, employers have to ensure that no employee faces termination or penalty for legally exercising their right to leave.

JANUARY 2019: Bill 47 repeals the PEL regime and replaces it with a new section 50, which is comprised of three separate categories of unpaid leave, adding up to a total of eight days: three days of sick leave; three days of family responsibility leave; and two days of bereavement leave

While the three categories of leave introduced in Bill 47 cover the same grounds for leave as the current PEL regime, there are marked differences. Aside from the fact that the total number of days of leave has decreased, an employee is more restricted in taking leave under the new section 50, as each category has its own limit.

What Qualifies for Stress Leave in Ontario?

Stress leave becomes valid when medical documentation confirms. The report must include the reason that workplace stress has contributed to a health condition and requires time away from work. This may include the following issues:

Clinical depression or burnout
Anxiety disorders or panic attacks
Sleep disorders related to workplace strain
PTSD or trauma caused by harassment or unsafe work conditions

Stress leave in Ontario falls under sick leave, which allows employees to take time off due to a personal illness, injury, or medical emergency. This includes any mental health conditions that impact your job performance, such as stress, anxiety, depression and burnout. You are entitled to stress leave even if the stress is not work-related. A stress leave is similar to any medical leave—if mental health issues are impacting your job performance, you have the right to take a sick leave.

Can You Get Short-Term Disability Stress Leave in Ontario?

Many employees aren’t aware that disability insurance and that it includes stress-related conditions. When you apply for short term disability in Ontario, it allows you to receive partial income replacement if you are unfit. It usually applies for several weeks or months when you are medically unable to work.

Most workplace insurance plans cover:

60%-70% of regular earnings
Medical assessments and ongoing treatment compliance
10 to 26 weeks of benefits

Employees usually have to apply for short-term disability through their employer or insurance carrier. This involves a physician’s statement supporting your absence, periodic treatment progress updates, and insurer evaluations.

For employees without workplace coverage, SRD benefits in Canada may still be received via government support, including employment sickness benefits and insurance.

EI Sickness Benefits To Support Employees

The federal government offers EI sickness benefits to help workers. This support is designed to allow employees to maintain their living expenses when they are unable to work for some time due to injury or illness.

Here is how it works in 2026:

Health professional’s certificate required.
Up to 26 weeks of financial support
Approx. 55% of average weekly insurable earnings, paid up to a maximum threshold.
Proof that work absence is medically necessary.

This program is beneficial and commonly used by workers dealing with serious stress-related conditions. You can apply for this when employer disability plans aren’t available, or your coverage plan is exhausted.

LTD Options When Stress Becomes Long-Term

If your health issues extend beyond the short-term benefit timelines, you can qualify for long-term disability Ontario programs. These programs provide continued income replacement if you are unable to return to work after exhausting short-term coverage.

Most LTD plans include the following benefits:

Monthly income replacement of 60% to 70% of earnings
Definition change periods where the ability to work ‘any job’ may be assessed
LTD policies often start with an “own occupation” definition (you can’t perform your usual job) and later transition to an “any occupation” definition (you must be unable to perform any job suited to your skills) after a specified period (commonly around 2 years).
Mental health conditions like anxiety and depression as covered disabilities

It is very crucial to understand your policy accurately. Appeals and claim delays are common, but having legal guidance by your side makes all the difference.

New Deadlines Announced for Ontario Employers (2026 Update)

Ontario has introduced updated compliance deadlines that affect how employers manage leave documentation, workplace mental health policies, and ESA recordkeeping.

Employers must now:

Maintain clear leave documentation practices
Respect strict return-to-work accommodation obligations
Update HR policies to reflect mental health leave compliance standards
Meet record-retention deadlines for employee leave tracking

These changes are designed to ensure workers are not unfairly pressured to return prematurely or discouraged from taking medically necessary leave.

Steps to Take if You Need Stress Leave in 2026

1- Talk to your doctor: Obtain the medical documents that confirm the need and urgency for leave.

2- Notify your employer: Written notice is the best, even when informal discussions occur.

3- Review your workplace policy: Determine if disability benefits are offered.

4- Submit EI application or insurance: Submission on time is crucial, as the deadlines for the benefit matter.

5- Track Communication: Another important step is to keep records of all employer or insurer correspondence.

6- Seek legal guidance: To avoid any later errors and concerns, it is good to seek legal advice earlier. Early action and approaches prevent complications.

Why Legal Support Matters

Many workers in Ontario experience benefit denials, job disputes, or wrongful termination during stress leave. If your claim is rejected, your position is threatened, or your hours are cut, you must get professional legal assistance.

Reyes Tam Law supports individuals going through complex employment and want disability benefits. We ensure that you should:

Understand ESA rights properly
Receive fair access to disability coverage
Appeal unjustly denied disability claims
Take appropriate legal action against employer retaliation

Legal guidance can help you follow the procedure accurately and obtain proper benefits and protections.