Mental Health Rights in Ontario: What Employees Need to Know
- March 20, 2025
- Rahul Soni
- Employee Rights
- 0 Comments
Mental health is often talked about within workplaces, though for some employees, feeling supported with navigating mental health concerns is often seen as not enough. In Ontario, there are protections available to employees who are dealing with mental health concerns such as anxiety and depression. However, knowing how to access support and ensure their job is safe can often feel like a difficult situation to navigate.
At Soni Law Firm, we are the employment lawyer Toronto employees turn to when looking for help with navigating stress leave and discrimination claims within the workplace. In this post, we outline what you should know about mental health rights in the workplace. If you need help from a disability insurance lawyer for issues relating to stress leave or mental health, we can help.
What is Stress Leave?
In Ontario, stress leave refers to a type of leave from work that an employee may take if they are experiencing significant stress that is impacting their health. In most cases, an employee will need to consult with a healthcare professional to demonstrate that stress or other mental health concerns are impacting their ability to work. When it comes to stress leave ,many employees will need more time off than their allocated sick days and may need to utilize short-term disability or long-term disability benefits when available.
Is My Job at Risk If I Am Suffering with Mental Health Issues?
Many employees who are dealing with mental health concerns wonder, is terminating an employee with mental health issues in Canada legal? In Ontario, the Ontario Human Rights Code requires employers to accommodate employees suffering from mental health issues. The Code also protects from discrimination with respect to being fired or denied a promotion due to a mental health disability. If you have been fired and you feel it is due to mental health-related discrimination, consulting with a discrimination lawyer could be an option.
Is Stress Leave Paid in Ontario?
If you are an employee who is dealing with mental health concerns such as anxiety, depression, or burnout, you may wonder, is stress leave paid? In Ontario stress leave pay is not necessarily guaranteed. Though some workplaces may offer paid stress leave, they are not required to do so. Keep in mind that though your employer is required to provide you with time off for medical leave related to stress, you may not be eligible for paid leave if it has not been outline in your employment contract.
Does WSIB Cover Stress Leave?
When considering WSIB stress leave Ontario employees should know that these benefits are reserved for chronic mental stress that arises out of and in the course of a worker’s employment. WSIB does not cover benefits for chronic mental stress that are caused by changes to work being performed, working conditions or discipline. Keep in mind that a constructive dismissal lawyer may be able to help you understand your rights as an employee when facing changes to your shifts, work location, or reduced compensation or benefits.
Does EI Cover Stress Leave?
When looking into EI Canada stress leave or stress leave Ontario EI benefits, it is important to understand that the leave is typically considered a medical issue. There are minimum requirements that you will need to have met in order to qualify for EI and you may also need to provide documentation from a healthcare professional to support your EI sickness benefit claim.
What Mental Health Accommodations are Available in Ontario?
When considering mental health accommodation in the workplace Ontario employees first need to understand their rights. The Ontario Human Rights Commission outlines the Duty to Accommodation that employers are required to uphold within the workplace. However, navigating workplace accommodations can be challenging for many employees. Some ways in which an employer may accommodate an employee with mental health or stress-related concerns are flexible scheduling, changes in training or supervision, modifying job duties, modifying workspace, or using technology.
Navigating mental health rights in the workplace can feel challenging to many employees. If you feel that you are not being accommodated or have been terminated due to a mental health disability, speaking with an employment lawyer is a good idea. Consider booking a free consultation with the experts at Soni Law Firm to see if working with an employment lawyer is the right course of action based on your unique circumstances.
About Post Author
Rahul founded Soni Law Firm, a boutique employment law firm focusing on contingency law, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.