what qualifies for stress leave from work?

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according to statistics canada, in 2023, just over 4.1 million people indicated that they experienced high or very high levels of work-related stress, representing 21.2 per cent of all employed people.

by nainesh kotak

published mar 24, 2025

3 minute read

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3 minute read

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according to statistics canada, in 2023, just over 4.1 million people indicated that they experienced high or very high levels of work-related stress, representing 21.2 per cent of all employed people.

if you’re feeling stressed out and overwhelmed by your work, you may wonder how — and if — you could qualify for stress leave.

just as important, you may wonder your job would be protected while you recover and whether the stress leave would be unpaid or if you’d receive funds under your disability insurance plan.

in canada, stress leave is generally categorized under medical leave, which is governed by both provincial employment standards and federal regulations. in ontario, the employment standards act (esa) provides the framework for job-protected leave for medical reasons, including stress-related conditions. under the esa, employees are entitled to take a leave of absence if they have a serious medical condition that prevents them from performing their job duties.

according to statistics canada, in 2023, just over 4.1 million people indicated that they experienced high or very high levels of work-related stress, representing 21.2 per cent of all employed people.

not surprisingly, the most common causes of work-related stress included a heavy workload, which affected 23.7 per cent of employed people, as well as balancing work and personal life (15.7 per cent of employed people). the 2023 stats can study showed “lack of job security” was the second last of nine indicators of workplace stress. however, in 2025, with current american tariff and job-loss headlines dominating the news cycle every day, that indicator is likely to become a larger factor.

to qualify for stress leave under the esa, an employee must provide a medical certificate from a qualified healthcare professional, such as a doctor or psychologist. this certificate should clearly indicate that the employee is unable to work due to a medical condition related to stress. the employer is legally obligated to provide the necessary leave.

the length of stress leave is not explicitly defined in the esa, as it depends on the severity of the medical condition and the recommendations of your doctor. however, the esa does provide for up to 17 weeks of unpaid, job-protected leave for serious medical conditions, which can include stress-related illnesses.

during stress leave, employees are entitled to the same rights and protections as they would be on any other medical leave. this includes the right to return to their job or a comparable position once they are medically cleared to return to work. employers are not allowed to terminate or penalize employees for taking stress leave, as long as the leave is properly documented and justified.

employees on stress leave may also be covered under short-term or long-term disability insurance plans provided by their employer. these plans often have their own specific requirements and procedures for claiming benefits due to stress-related conditions.

if you are applying for short or long-term disability for stress leave, you should review your policy documents to determine the specific requirements for claiming disability benefits due to stress or mental health conditions. policies often outline the definitions, coverage limits, and necessary documentation for claims related to stress leave.

the next step involves consulting with a healthcare professional. schedule an appointment with your doctor or a mental health specialist to discuss your symptoms and the impact of stress on your ability to work. your healthcare provider will need to provide a detailed medical report or a completed insurance form that outlines your diagnosis, treatment plan, the necessity for stress leave and sometimes, even a psychological evaluation. this documentation is crucial for substantiating your claim.

you will need to formally submit your disability claim to your insurance provider. this typically involves completing a claim form provided by the insurer, which will ask for personal information, details about your employment, and specifics about your medical condition. attach the medical documentation from your healthcare provider and any additional information requested by the insurer.

denied disability claims for stress leave are unfortunately quite common. insurance companies often scrutinize these claims rigorously, leading to a higher rate of denial compared to other types of disability claims. this is partly because stress and mental health conditions can be more subjective and harder to quantify than physical injuries.

you may need personalized legal advice to obtain further medical opinions, secure witness statements, or gather other relevant documentation to build a robust case.

nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he was past chair of the long-term disability section of the ontario trial lawyers’ association.