Ontario has no leave formally called “stress leave,” but you can take time off with job protection under the Employment Standards Act (ESA), using 3 sick days a year or up to 27 weeks of long-term illness leave. Sick days apply after 2 consecutive weeks with your employer, and the 27 weeks after 13 consecutive weeks, with a certificate that your condition is serious.
The ESA doesn’t require your employer to pay you, but you may replace part of your income through your employer’s sick pay or short-term disability plan, EI sickness benefits of up to $729 a week for up to 26 weeks, or WSIB if work caused your condition and your claim is accepted. If you need changes at work rather than time off, your employer must accommodate a mental health disability under the Ontario Human Rights Code.
For how the rules compare across the country, see Stress Leave in Canada.
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Which Stress Leave Options Apply in Ontario?
The stress leave option that applies to you in Ontario depends on how long you’ll be off and what caused your condition. A few days off fits ESA sick leave, while weeks off for a serious condition fits the 27-week long-term illness leave. If you need changes at work because of a mental health disability, you can ask for accommodation, and if work caused your condition, you may have a WSIB claim.
The table below compares the four routes by situation, who qualifies, how long you can be off and whether you’re paid.
| Your situation | Route to check | Who qualifies | Time limit | Pay during leave |
| Off for a few days with stress, anxiety or burnout | ESA sick leave | 2 consecutive weeks with your employer | 3 days a calendar year | Unpaid, unless your employer offers paid sick days |
| A serious condition keeps you off for weeks | Long-term illness leave | 13 consecutive weeks with your employer and a certificate that your condition is “serious” | Up to 27 weeks within a 52-week window, or the shorter period on your certificate | Unpaid; EI or disability insurance may replace income |
| You need more time off, fewer hours or lighter duties because of a mental health disability | Accommodation (Human Rights Code) | Your condition counts as a disability; no minimum service | No fixed limit, up to undue hardship | Depends on your employer and benefits plan |
| Harassment or another substantial work stressor caused a diagnosed condition | WSIB claim (workers’ compensation) | Your employer is covered by WSIB, and work was the main cause | Set by WSIB, subject to eligibility and limits | WSIB benefits if your claim is accepted |
You can use more than one route at the same time. Most Ontario employees are covered by the ESA, whether they work full-time, part-time or on a term contract (independent contractors are not covered). Federally regulated employees, such as those at banks or airlines, follow the Canada Labour Code instead, so check those rules. For other leaves you can take in the province, see Leave of Absence in Ontario.
How the 27 weeks are counted
Long-term illness leave, in force since June 19, 2025, is counted in whole weeks, and all 27 must fall inside one 52-week window. The weeks are a total cap; you can split them into separate periods, and a single day off can use up a full week. Each rule affects how many weeks you have left:
- Your certificate: You can take leave only for the period your certificate sets out, so a certificate that covers fewer than 27 weeks limits your leave to those weeks. Your practitioner can set a longer period or issue a new certificate if you need more time.
- The 52-week window: If your certificate sets out a period of 52 weeks or longer, the window starts on the earlier of the week your certificate was issued, or the week you stopped working because of the condition. Your leave must end by the last day of that window.
- Total cap: The 27 weeks are a total, even if you have more than one serious medical condition.
- Separate periods: You can split the weeks into shorter periods within the window.
- Part weeks: A week runs Sunday to Saturday. Taking even one day off can use up a full week, but two days off in the same week still count as one. Your employer can count the partial week as a full week of leave, but can’t require you to take the rest of it off – you can keep working the other days.
Example: Ashley stops working on Monday, March 2, 2026, so her 52-week window runs from Sunday, March 1, 2026, to Saturday, February 27, 2027. She takes 8 weeks off on her first certificate and goes back to work. In September, she takes a Tuesday and a Thursday off in the same week with a new certificate. Her employer can count that as 1 week, so she has used 9 weeks and has 18 left until February 27, 2027.
Source: Long-term illness leave | Ontario.ca
Can you get WSIB benefits for work-related stress?
WSIB pays chronic mental stress claims only when your employer is covered by WSIB, three tests are met and no exclusion applies. Feeling stressed at work is not enough: the work itself has to cause a diagnosed injury. Keep a record of what happened, when it happened and who saw it, because WSIB weighs all the evidence available, as set out in the WSIB Operational Policy Manual: Chronic Mental Stress.
WSIB looks for the same three things in every chronic mental stress claim:
- Substantial stressor: The stressor must be excessive in intensity or duration compared with normal pressures in similar jobs. Workplace harassment is generally treated as substantial, but it does not guarantee benefits. WSIB must also be satisfied that the events more likely than not happened. Statements from coworkers or supervisors can support your account, but you don’t need witnesses in every case.
- Predominant cause: The work stressor must be the main cause of the injury when compared with each of your other stressors. It can still count even if your other stressors, taken together, weigh more.
- Diagnosis: A physician, nurse practitioner, psychologist or psychiatrist must diagnose a mental stress injury. The diagnosis has to follow the DSM, the standard manual for mental health conditions.
What doesn’t count: Your employer’s normal work decisions, such as discipline, a shift change, a demotion or a termination, are excluded even if they are stressful. Harassment, or conduct a reasonable person would see as abusive, is treated differently and can still qualify.
The two made-up cases below show where WSIB usually draws the line.
| Situation | How the policy may apply | Reason |
| A supervisor insults and threatens a worker in front of others for months; coworkers confirm it, and a psychologist diagnoses an anxiety disorder | Can meet the tests if WSIB confirms the events and the cause | Confirmed harassment plus a diagnosis can meet the substantial-stressor test, but WSIB still decides whether work was the predominant cause |
| A worker becomes anxious after a poor performance review and a move to night shifts | Usually excluded | Performance reviews and shift changes are normal employer decisions the policy excludes |
Sudden, shocking events at work fall under WSIB’s separate traumatic mental stress policy, and first responders have their own PTSD rules.
How to Request Stress Leave in Ontario
You request stress leave by getting the right medical proof and then telling your employer in the way your route requires. ESA sick days don’t need a doctor’s note, but the 27-week leave needs a certificate and written notice each time a new period starts. Accommodation and WSIB have their own steps. Your employer generally needs your dates and limitations, not your diagnosis, while WSIB needs a diagnosis from your health professional.
What medical proof do you need?
Not for ESA sick days, but yes for the 27 weeks. Accommodation and WSIB have their own medical rules, and your employer generally has no automatic right to your diagnosis. In complex or unclear cases, it may be entitled to more medical information.
The proof you need depends on the route:
- Sick days: Your employer can ask for evidence that is reasonable in the circumstances, but it cannot require a note from a doctor, registered nurse or psychologist. A contract or collective agreement that gives you better sick leave can set its own note rules.
- 27 weeks: You need a certificate from a qualified health practitioner. In Ontario, that includes a physician, registered nurse, psychologist, psychiatrist or nurse practitioner. You can get it after your leave starts, but without it you lose the leave’s protections. You pay any cost.
- Accommodation or return to work: Your employer can ask for medical information about your limitations and what you need at work, even during sick days.
- WSIB: You need a DSM diagnosis from a physician, nurse practitioner, psychologist or psychiatrist to support your claim. Send that evidence to WSIB; your employer generally needs your work restrictions, not your diagnosis.
Before your appointment, check that the long-term illness leave certificate will include:
- Your name
- A statement that you have a “serious” medical condition
- The period you will not be working
- No diagnosis, unless you choose to share it
A certificate that names your condition but leaves out the word “serious” does not qualify. Ask your practitioner to use that exact word on the certificate.
What to tell your employer
Tell your employer before your leave starts or, if you can’t, as soon as possible after. Notice for sick days can be verbal, but long-term illness leave needs written notice each time a new period begins. Accommodation and WSIB follow their own steps.
The request usually goes in this order:
- Check your contract or policy: Look for paid sick days, short-term disability and any reporting rules.
- Tell your employer: For sick days, a call or message is enough. For the 27 weeks, put it in writing.
- Get your certificate: If you will be off for more than a few days, see a health practitioner early.
- Share only what’s needed: Give the dates and the type of leave. Your employer generally doesn’t need your diagnosis.
- Keep copies: Save your notice, certificate and any emails about your leave.
If you’re sending written notice, a short email like this is enough:
Hi [manager’s name], I’m unable to work for medical reasons and am taking [sick leave / long-term illness leave] under the Employment Standards Act, starting [date]. I expect to be off until [date] [for long-term illness leave: and will send a certificate from my health practitioner]. Please let me know who in HR I should speak with about benefits.
If your route is accommodation or WSIB, the first steps are different:
- Accommodation: Ask your employer in writing for the change you need, such as more time off or reduced hours. Back it up with medical information about your limitations, which generally doesn’t need to include your diagnosis.
- WSIB: Tell your employer the condition is work-related, see a health professional for a diagnosis, and file your claim with WSIB within 6 months.
Whichever route you use, your employer cannot punish you for taking an ESA leave or asking for accommodation.
Is Stress Leave Paid in Ontario?
Both ESA leaves are unpaid, so any income has to come from your employer, an insurance plan, EI or WSIB. None of these starts on its own, and what you get depends on your plan, your insured hours and how quickly you apply.
Which income sources can pay you while you’re off?
Five sources can replace part of your pay, but employers don’t have to offer paid sick days, STD or LTD, so check your plan before you count on them. For how workplace STD and LTD plans work, see Group Disability Insurance.
| Income source | Who qualifies | How much | How long |
| Employer sick pay | Depends on your contract or workplace policy | Often your full pay | Usually a set number of days a year |
| Short-term disability (STD) | Group plan members whose claim is approved | Part of your pay, set by your plan | Often a few weeks to 6 months |
| EI sickness benefits | 600 insured hours in the last 52 weeks, earnings down by more than 40%, and a medical certificate | 55% of average insurable earnings, up to $729 a week in 2026 | Up to 26 weeks |
| Long-term disability (LTD) | Plan members still unable to work after STD or the plan’s waiting period | Part of your pay, set by your plan | Can last years |
| WSIB loss of earnings | Workers whose work-related claim is accepted | 85% of net average earnings | Set by WSIB, subject to eligibility and limits |
For EI eligibility and how to apply, see EI Sickness Benefits in Canada. To estimate your weekly amount, use the EI Sickness Benefits Calculator.
Benefits usually don’t stack. Sick pay and workplace STD can reduce your EI for the same weeks, so check with Service Canada and your plan administrator before you budget around combined payments.
When to apply for each benefit
Each payer has its own deadline, and none of them waits for the others. Two timing rules matter most on stress leave:
- EI: Waiting more than 4 weeks after your last day of work can cost you benefits. If you have sick pay or a workplace disability plan, ask your plan administrator and Service Canada which one pays first and when to apply for EI. Don’t assume that an STD claim protects your EI claim.
- WSIB: If work caused your condition, file within 6 months of the injury or of when you became aware of it. Tell Service Canada you’ve applied, because you may have to repay EI for the same weeks if WSIB accepts your claim.
For how sick pay, STD, EI and LTD line up and when to apply for each, see What Happens to Your Pay and Workplace Benefits During Leave in Canada.
Your Job Rights While on Stress Leave in Ontario
Your employer can’t fire, threaten or penalize you for taking an ESA leave, and while you’re off, you keep your seniority, your right to return and certain benefit plans. If your employer breaks those rules, you can file a complaint, but each type of complaint has its own deadline, and some are short.
Can you be fired for taking stress leave?
No, not for taking the leave. Your employer cannot threaten, fire or penalize you for taking, planning to take or qualifying for ESA sick leave or long-term illness leave. If you qualify, your employer also cannot refuse the leave.
Your employer can still end your job for reasons unrelated to the leave, such as a genuine layoff. In an ESA reprisal claim, though, your employer must prove the decision had nothing to do with your leave. The Human Rights Code adds a separate protection: your employer cannot treat you worse because of a mental health disability, and must accommodate it.
The situations below come up often. They aren’t legal conclusions, so get advice if one of them happens to you.
| Situation | What may apply |
| Your employer threatens to fire you after you ask for ESA leave | A possible ESA reprisal |
| Your employer cuts your position in a genuine restructuring | A separate question from reprisal; you may still be owed termination notice or pay |
| Your job no longer exists when you return | Your right to a comparable position |
| Your employer asks for your diagnosis | Limits on the medical information it can require |
| Your employer refuses a change you need because of a disability | A possible Human Rights Code issue |
What rights do you keep while on leave?
ESA sick leave and long-term illness leave carry the same protections as pregnancy and parental leave. While you’re off, you keep:
- Benefits: Your employer must keep paying its share of premiums for pension, life, accidental death, extended health and dental plans, unless you tell them in writing that you won’t pay your share. Check your plan to see whether STD or LTD coverage continues.
- Seniority and service: Your time off counts toward seniority, length of employment and length of service.
- Your job: You return to the same job if it still exists, or a comparable one if it doesn’t, at no less than your previous pay.
What to do if your employer penalizes you
Where you complain depends on what went wrong, and each route has its own deadline. If you are in a union, contact your union first, because grievance deadlines can be much shorter.
Find your problem in the left column:
| Problem | Where to go | General time limit |
| Penalized or fired for taking ESA sick leave or long-term illness leave | Employment standards claim with the Ontario Ministry of Labour | 2 years from the violation |
| Refused accommodation or treated differently because of a mental health disability | Human Rights Tribunal of Ontario | 1 year from the incident, or the last one in a series |
| WSIB denies your claim | Objection to WSIB | Generally 6 months from the decision; 30 days for some return-to-work decisions, so check your decision letter |
| Unionized workplace | Your union, under the collective agreement | Set by your collective agreement and often shorter |
What Happens When Your Stress Leave Ends
By the last few weeks of your leave, you’ll usually know whether you need more time or can go back. Long-term illness leave is capped at 27 weeks in its 52-week window, but if your condition counts as a disability, your employer’s duty to accommodate continues up to the point of undue hardship, which can mean more time off, reduced hours or modified duties. Agree on the plan in writing before your leave runs out.
There is no set number of extra weeks, and accommodation doesn’t start on its own, so plan the next step while you’re still on leave:
- A few weeks before your leave ends: Ask your practitioner to update your limitations and expected return date.
- If you can return with limits: Ask in writing for reduced hours, modified duties or a gradual return.
- If you still can’t work: Ask in writing for more time off as accommodation, and check whether STD or LTD continues.
- Before you resign: If your 27 weeks have ended, check whether more accommodation or disability benefits may still be available.
If your condition continues after the 52-week window, you may also qualify for a new long-term illness leave.
Stress Leave Mistakes That Can Affect Your Pay or Job Protection
Pay and job protection on stress leave are most often put at risk by paperwork and timing: a certificate worded the wrong way, an EI claim filed late or a resignation sent too soon. These mistakes usually happen at three points: when the leave starts, while you’re off and when it ends.
When you start your leave, problems usually come from what you tell your employer or what your certificate says.
- Sharing your diagnosis: Your employer needs to know the dates and the type of leave you are taking, and generally not what your condition is. If you later ask for accommodation, you can explain how your condition limits your work without naming it.
- A certificate that leaves out “serious”: Long-term illness leave only applies when the certificate says your medical condition is serious. A note that just names anxiety or burnout won’t qualify, so bring Ontario’s certificate form to your appointment.
- Giving notice only by phone: A call is fine for sick days, but the 27-week leave needs written notice every time a new period starts. An email is enough, and it gives you a record of when your leave began.
Once you’re off work, most of the problems are about income and timing.
- Applying for EI late: Waiting more than 4 weeks after your last day of work can cost you EI benefits, so apply as soon as you stop working. If sick pay or STD covers your first weeks, ask Service Canada when to file.
- Not reporting a WSIB claim to Service Canada: If WSIB later accepts your claim, you may have to repay EI for the same period. Report that you’ve applied for WSIB when you file for EI, rather than waiting for a decision.
- Taking single days off in different weeks: Any week you take time off can count as a full week of your 27. Keep a record of which weeks you’ve used, and take days off when your health needs them.
Near the end of your leave, a rushed decision can undo the protection you’ve had so far.
- Resigning because the 27 weeks are over: Your ESA leave ends at 27 weeks, but the Human Rights Code may still require your employer to accommodate you. Quitting can cost you that right and any disability benefits still being paid, so ask in writing for more time off or a gradual return first.
Check your certificate wording, give written notice when it is required and apply for EI promptly to avoid problems that are easy to prevent.
Frequently Asked Questions About Stress Leave in Ontario
Can my employer deny stress leave?
Not if you qualify for an ESA leave. Your employer can ask for proof, but it cannot refuse a leave you are entitled to. For accommodation, your employer must accommodate you up to undue hardship, but it can offer a reasonable option other than the one you asked for.
Can I use sick days and the 27 weeks for the same illness?
The two leaves are separate entitlements, but one day off counts against only one of them. Paid sick days under your contract usually count toward your 3 ESA days.
Is stress leave the same as short-term disability?
Stress leave is job-protected time off under employment law. Short-term disability is an insurance benefit that pays part of your income if your plan approves your claim. You can be on leave and receive STD at the same time, but one does not guarantee the other.
Can I take stress leave for burnout?
Burnout isn’t a separate leave, but it can qualify when it affects your health enough to stop you from working. A few days off can fit ESA sick leave. Longer time off depends on whether your practitioner certifies a serious medical condition, which turns on how burnout affects your health, not on the label.
Can my employer make me come back before my certificate ends?
If you qualify for long-term illness leave, you can take unpaid, job-protected leave for the period set out in your certificate, up to 27 weeks in a 52-week period. Your employer can’t threaten, fire or penalize you for taking it. If you feel ready to return sooner, you can talk with your health practitioner about whether you can safely go back. You can also discuss any work limits or adjustments with your employer to plan your return.
Read more about stress leave in other regions in Canada here:
