What Is Stress Leave in Ontario and How Can You Qualify for It?
TL;DR
- Stress leave in Ontario qualifies as short-term disability if supported by a doctor’s note, allowing recovery from mental health issues like burnout or depression.
- Employees employed for at least 13 weeks can take stress leave, typically lasting up to 17 weeks depending on the employer’s plan or EI eligibility.
- Benefits may include short-term disability payments, EI sickness benefits, and job protection under the Ontario Employment Standards Act.
- To apply, employees must get medical documentation, notify their employer, and apply for any eligible benefits.
- If stress persists, long-term disability, CPP disability, or workers’ compensation may apply for ongoing support.
- Employers must accommodate employees returning from stress leave, often through a gradual return-to-work plan.
In Ontario, stress leave is a form of short-term disability leave taken by employees who are experiencing burnout or workplace stress that impacts their ability to work. Here’s what you need to know:
1. What Is Stress Leave?
- Stress leave allows employees to take time off work to recover from mental health challenges such as burnout, anxiety, and depression.
- It can be categorized as short-term disability if supported by a doctor’s note or medical certificate.
2. Who Can Take Stress Leave?
- Employees who have been working for at least 13 weeks with their current employer may be eligible for stress leave.
- The leave is typically supported by medical documentation, which may include a note from a healthcare provider indicating that the employee is unable to work due to stress or mental health reasons.
3. How Long Can Stress Leave Last?
- The duration of stress leave depends on the severity of the condition and medical advice.
- Short-term disability benefits typically last up to 17 weeks, depending on the employer’s benefits plan.
- Employees may also qualify for Employment Insurance (EI) sickness benefits if they meet the eligibility requirements.
4. What Are the Benefits During Stress Leave?
- While on stress leave, employees may be eligible for compensation, including:
- Short-term disability benefits: provided by their employer or insurance plan.
- Employment Insurance (EI): sickness benefits, if eligible.
- Protected job status: Under the Ontario Employment Standards Act (ESA), employees taking stress leave are generally protected from termination during their leave.
5. Steps to Take Stress Leave
- Consult with a healthcare provider: A doctor or mental health professional must provide documentation to support the need for leave.
- Notify your employer: Inform your employer of your need for leave and provide the necessary medical documentation.
- Apply for benefits: If applicable, apply for short-term disability or EI benefits during your leave period.
6. Can You Return to Work After Stress Leave?
- After taking stress leave, you may return to work once your healthcare provider clears you to do so.
- Employers are generally required to accommodate your return, including offering a return-to-work plan if needed.
On this Page:
- What Is Short-Term Disability Stress Leave in Ontario and Canada?
- Workplace Stress and Short-Term Disability Sick Leave in Canada
- Short Term Leave at Work In Ontario For Burnout And Stress
- Can You Get EI On Stress Leave?
- Burnout Short-Term Disability Stress Leave Benefits
- Burnout Long-Term Disability Stress Leave Benefits
- CPP Benefits for Workplace Stress
- Workers’ Compensation for Burnout
- Find a Short-Term Disability Lawyer Near You
Are you curious about short-term disability stress leave? Here’s how the stress leave disability benefits are explained in Ontario: “stress leave is an extended period of time granted to an employee to take time off work, in order to deal with or recover from stress-related illnesses, injuries, and other difficult circumstances.”
What Is Short-Term Disability Stress Leave in Ontario and Canada?
No matter how much we enjoy our jobs, there can come a time when the stress from work becomes overwhelming. It may reach a point where even getting out of bed to go into the office feels impossible. Burnout, which is a state of emotional, physical, and mental exhaustion caused by prolonged, excessive stress, can leave you feeling drained, overwhelmed, and unable to meet the demands of your work or daily life. According to a study by the Future Skill Centre of Canada, approximately 500,000 Canadians are unable to work each week due to mental health challenges. Over the past five years, nearly 38% of Canadians have had to take time off work due to mental health issues, including stress, anxiety, depression, and burnout. Burnout is considered a form of depression, which is recognized as a disability in Canada, meaning you can potentially claim disability benefits for it. However, navigating the process of claiming disability due to intense workplace stress can be complex.
Before delving into whether and when you can apply for stress leave disability benefits in Ontario, let’s first clarify what short-term disability stress leave is.
DEFINITION: Short-Term Disability Stress Leave in Canada refers to a temporary period granted to an employee, allowing them time off work to address or recover from stress-related illnesses, injuries, or other challenging situations.
You may be asking, is stress leave considered a short-term disability? Since changes to the Employment Standards Act in 2019, stress leave in Ontario is now considered part of sick leave. If your stress leave extends beyond the duration covered by Employment Insurance (EI) sick leave benefits, we will explore your options regarding disability benefits for stress leave or “burnout” in the sections below.
Workplace Stress and Short-Term Disability Sick Leave in Canada
People who are burned out and suffering from depression are often fearful that they will lose their jobs. In Canada, an employer can terminate an employee as long as they are not discriminating against the employee and give proper notice. Few, however, will fire an employee for needing sick leave as human rights laws in the country require employers to help those who have medical conditions that may interfere with their job duties. If you are struggling and looking for short-term disability for burnout employers are required to give sick leave as a reasonable accommodation.
Your employer can require a doctor’s note and may require that you submit new notes every three to six months.
Short Term Leave at Work In Ontario For Burnout And Stress
If you become unable to work at all due to stress and burnout and disability, you do have options. We got asked all the time, ‘Is stress leave covered by EI?’ In Canada, you can apply for Employment Insurance (EI) sickness benefits as well as short- and long-term disability insurance. There is also CPP disability and workers’ compensation. It is important to understand how each of these works in order to claim disability for burnout.
Can You Get EI On Stress Leave?
Another question we get quite often is, ‘Can I go on short-term disability for stress?’ There are many situations in life that can cause us to feel stressed to the point of not being able to function and handle our day-to-day tasks at our jobs. This leads individuals to be in need of short-term disability due to stress. One way that you can get disability for workplace stress is through EI sickness benefits which are for temporary disability. These benefits cover short-term disability stress leaves in Canada. If you apply for a stress disability claim, the federal government pays 55 percent of your salary for 15 weeks if you qualify for EI sickness benefits. You must have paid into the EI Sickness program recently in deductions from your paycheque. If you received a cheque from an employer, the deductions are automatic, so you would have paid into the program.
You can apply through Service Canada online in the comfort of your home. Your doctor will need to fill out a form confirming you cannot work for those 15 weeks and your employer must issue a Record of Employment to confirm the leave you take. However, if you qualify for short-term disability, you cannot claim both EI Sickness and short-term disability benefits at the same time.
Burnout Short-Term Disability Stress Leave Benefits
In order to claim disability for stress-related burnout for a short period, you may want to apply for short-term disability benefits. Under this type of benefit, you will receive 50 to 67 percent of your salary, and the payments last between 15 and 17 weeks, although you could be approved for longer periods. Payments are usually made bi-weekly. Your employer usually offers these benefits through an insurance policy, our outside agency, who will manage your payments. Keep in mind that not all employers offer short-term disability, and if they don’t, you may qualify for EI benefits instead.
In order to file a claim for short-term disability for stress and burnout, you will need to ask for a form from your employer. This form is in three parts one is for you, one for your doctor, and one for your employer. It is your responsibility to have all three forms completed and returned. If the company denies your claim, you can request what is known as an “internal appeal,” which will allow someone else in the company to review your claim. You are permitted up to four of these appeals. If you are still denied, you may need to file an appeal with the courts.
Burnout Long-Term Disability Stress Leave Benefits
Burnout long-term disability benefits are designed to provide assistance for a longer period than short-term or EI benefits. Your policy will provide information on how long the benefits can last, which may be 2, 5, or 10 years. They may also provide an age when the benefits will end, which is usually 65. Burnout long-term disability benefits pay 50 to 67 percent of your salary and are paid monthly rather than bi-weekly. Like short-term disability, a company other than your employer may manage this benefit.
If your employer does not offer this benefit, you can purchase a plan through a private insurance company but you will have to have that policy in place for a certain period before you can claim disability for workplace stress. If your claim is denied, the appeal process is similar to short-term disability.
CPP Benefits for Workplace Stress
If your workplace stress has led to a permanent disability, you may qualify for CPP benefits which will pay until you are 65. Payments range from $600 to $1,300 per month based on how much you paid into the program. The more you paid in, the more your benefits will be. The deductions are automatically taken from your regular paycheque, so if you had a job that paid you regularly, you paid into the program.
In order to qualify, you must have a certain number of credits, which are earned by splitting with a former spouse, paying into another country’s pension plan, or if you left work to raise a child. You are able to get long-term disability and CPP at the same time, although the long-term disability company is permitted to offset your payments based on the CPP benefit. For instance, if you receive $500 in CPP benefits, your long-term disability can be reduced by $500. You also must prove that your disability for burnout is severe and prolonged. To file a claim, you must fill out the forms and have your doctor fill out a medical report. This is then sent to Service Canada.
Workers’ Compensation for Burnout
It is possible to file a workers’ compensation claim for workplace stress, but it is important to note that it is difficult to prove your depression is a workplace injury. Before 2018, workers’ compensation only recognized mental health claims that were caused by a single workplace incident, not chronic stress. However, in January 2018, Ontario implemented a new policy allowing claims for chronic mental stress to be considered a workplace injury. Not all insurance companies have adopted this, so you will need to speak to your employer about the possibility.
Find a Short-Term Disability Lawyer Near You
If you are dealing with extreme workplace stress and hoping to file a stress disability claim, contact the team here at Himpro today to learn how we can help. You can arrange for a no-obligation consultation by filling out the easy online form or giving us a call today. 1-855-446-7765
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