70% of workers worry about psychological workplace safety, according to the Mental Health Commission of Canada (Source). To protect employees, the law allows medical leave for stress-related conditions. This type of leave provides workers with job-protected time off if they are unable to work due to a stress-related illness.
If you are considering taking stress leave in Canada, it’s important to understand your legal rights and the types of support or compensation available.
What is stress leave in Canada?
Stress leave in Canada refers to employees taking a leave of absence to address and recover from work-related stress, anxiety, or other mental health issues. While “stress leave” is commonly used, it’s not officially recognized in Canadian labour laws. Instead, it typically falls under the broader categories of sick leave or medical leave.
Employees have the right to take this leave when they are unable to work due to health-related reasons. Your doctor’s note should reference your prognosis rather than diagnosis, as employers don’t have the right to know specific medical conditions.
While the specific rules differ across provinces, the core principle remains consistent: employers cannot terminate workers on legitimate medical leave. This protection stems from two legal frameworks: Employment standards set minimum leave requirements, and human rights laws prohibit discrimination based on disability, including mental health conditions.
Why is stress leave important in Canada?
Workplace stress in Canada has reached alarming levels. According to a survey by the Mental Health Commission of Canada:
- 1 in 5 Canadians experience mental health problems every year
- 500,000 Canadians miss work each week due to mental health issues
- Mental health problems cost the Canadian economy approximately $50 billion annually (source)
Toxic stress occurs when stressors don’t stop, preventing rest and repair. This ongoing pressure can interfere with your ability to function at work.
This is why stress leave can be beneficial. Employees can take the time to address these issues before they escalate into more serious problems. This reduces the risk of burnout and long-term health issues while also improving their work-life balance. For employers, allowing stress leave can lead to increased employee productivity upon their return, lower turnover rates, and reduced absenteeism in the long run.
What are the signs you need stress leave?
You need stress leave when symptoms prevent normal job performance despite reasonable efforts. These symptoms can show up in different ways:
- Physical warning signs include headaches, chest pain, high blood pressure, and sleep disruption lasting over two weeks.
- Mental indicators include difficulty concentrating, excessive worry about routine tasks, and emotional breakdowns at work.
The way stress affects individuals varies based on personal factors, cultural background, and previous experiences. When these symptoms overwhelm your ability to cope with daily work demands, medical leave becomes necessary.
To be more specific, the distinction between normal stress and leave-requiring stress lies in functionality. You should notice the shift in your behaviour, for example, missing deadlines you once handled with ease, avoiding colleagues, or feeling a sense of dread before starting your workday. They are often the first sign that your coping mechanisms are overwhelmed, and it’s time to consult a medical professional.
How to request stress leave in Canada
Here are three steps you should take to request stress leave in Canada:
Step 1: Talk to your doctor
Schedule a medical appointment as soon as you recognize the symptoms are affecting your work. When discussing this kind of mental health leave with your doctor:
- Be honest about your symptoms
- Provide specific, concrete examples of how your ability to function is impaired.
- Explain any workplace factors contributing to your stress
- Discuss potential treatment options and the duration of leave
Step 2: Obtain medical documentation
Ask your doctor for a note or a medical certificate that states you are medically unable to work, the estimated duration of leave, and any accommodations needed upon return. It does not need to, and should not, disclose your specific diagnosis. Always keep personal copies of all medical documents.
Step 3: Understand your workplace policies
Before making your request, review your company’s policies on sick leave or medical leave, especially the information on short-term disability (STD) insurance, which often covers stress-related leaves.
Step 4: Inform your employer
Notify your direct supervisor or HR via email to create a written record. Your message should be professional and to the point, and provide necessary medical documentation. State that, on medical advice, you are beginning a medical leave, and specify the start date.
You do not need to provide a detailed explanation of your condition. It is also wise to set boundaries for communication during your leave to ensure you can fully disconnect and recover.
Your rights during and after a stress leave
Your legal protections extend throughout your absence and upon your return.
Job security
In Canada, the law protects employees who take stress leave. Your employer cannot fire you just because you are on protected leave. The violations result in full severance packages and potential human rights damages. While they can hire a temporary replacement, they cannot use your leave as a reason to terminate your employment or fundamentally alter your role.
Constructive dismissal
If your employer makes significant negative changes to your job upon your return, such as a demotion, a substantial pay cut, or a drastic reduction in responsibilities, it may be considered a constructive dismissal. This occurs when the employer’s actions effectively repudiate the employment contract, giving you grounds to resign and claim damages as if you were wrongfully terminated.
The duty to accommodate on return
If you require adjustments to your work upon returning, your employer has a legal duty to accommodate your medical needs to the point of undue hardship. This is a collaborative process. Your doctor would specify your functional limitations (e.g., “cannot work more than 20 hours per week for the first month”), and you would work with your employer to find reasonable solutions. We will discuss the common accommodation in the next part.
How long can stress leave last in Canada?
This type of mental health leave can vary in duration:
- Short-term leave: Typically a few days to a few weeks
- Long-term leave: Can extend to several months or even a year
The length of this leave in Canada depends on 4 factors:
- Severity of symptoms
- Healthcare provider recommendations
- Employer policies and accommodations
- Individual recovery progress
Maintaining open communication with your healthcare provider and employer is essential to ensuring appropriate duration and support.
Return to work requires clearance from your healthcare provider. This clearance should outline any ongoing limitations or accommodation needs. Employees may choose to return before the designated end date if they feel ready and their doctor agrees.
How to prepare to return to work after stress leave
You can prepare to return to work after your leave period in 3 ways:
Gradual return-to-work plans
A phased return can ease the transition back to work after a stressful leave in Canada:
- Start with reduced hours or days per week
- Gradually increase workload over time
- Regular check-ins with a supervisor or HR
- Flexibility to adjust the plan as needed
Accommodations and adjustments
Consider potential workplace adjustments to support your return:
- Modified job duties or responsibilities
- Changes to work schedule or environment
- Additional breaks or time for therapy appointments
- Regular meetings with a mentor or support person
Maintaining mental health in the workplace
Develop strategies to maintain your mental well-being after this leave from work:
- Practice stress management techniques (e.g., mindfulness, deep breathing)
- Set boundaries between work and personal life
- Regularly assess your stress levels and seek help when needed
- Continue any recommended therapy or treatment
By carefully planning your return to work, you can maximize the benefits of your leave in Canada and maintain improved mental health.
Is stress leave paid or unpaid in Canada?
Usually, employees are not paid for stress leave, but there are some situations in which stress leave can be paid.
For extended leave, employees may be eligible for EI sickness benefits:
- Provides up to 15 weeks of financial assistance
- Pays 55% of your average insurable weekly earnings, up to a maximum of $595 per week (as of January 1, 2025)
- Requires a minimum of 600 insured hours of work in the 52 weeks before the claim
Some employers offer paid leave in Canada as part of their benefits package:
- May provide full or partial salary continuation
- Duration of paid leave varies by company
- Often requires the use of accrued sick days first
In addition, many Canadian employers offer short-term disability plans:
- Typically covers 60-70% of the regular salary
- Usually lasts for 3-6 months
- May require a waiting period before benefits begin
In comparison to non-unionized workplaces, unionized workplaces often have more comprehensive provisions for this type of work leave:
- Collective agreements may include specific clauses for mental health leave
- Union representatives can advocate for employees needing stress leave
- Non-unionized employees rely more heavily on provincial standards and company policies
How can employers support stress leave in Canada?
Employers in Canada can support stress leave by providing accessible mental health resources, education, and Employee Assistance Programs (EAPs).
Managers should be trained to recognize the early signs of employee stress and burnout. Work-life balance can be fostered through flexible work arrangements. Respecting employees’ time outside of work hours, encouraging regular breaks, promoting physical activity, and ensuring workloads are realistic are practical steps that contribute to a healthier workplace.
The employer must also be prepared to provide their employees with any necessary workplace accommodations after a leave. Provide ongoing support and check-ins, and ensure strict confidentiality to ensure they are protected from any potential stigma among colleagues.
By implementing these strategies, employers can create a more supportive environment for mental health leave and promote overall employee well-being.
What are common misconceptions about stress leave?
There are 4 misconceptions about stress leave in Canada that need to be addressed:
- Myth 1: It is a sign of weakness
Reality: Taking care of mental health is a sign of self-awareness and strength - Myth 2: It is just an excuse for a vacation
Reality: It is a medically necessary time for recovery and treatment - Myth 3: Only people with diagnosed mental illnesses can take stress leave
Reality: Anyone experiencing significant work-related stress may be eligible for leave - Myth 4: Taking this leave will harm your career
Reality: Proper stress management can improve long-term productivity and career success
Besides, it’s essential to distinguish mental health leave in Canada from regular vacation time:
- Purpose: It is for recovery and treatment, while a vacation is for rest and enjoyment
- Approval process: It typically requires medical documentation, unlike a vacation
- Activities: Employees are expected to focus on recovery, not leisure
- Return to work: It often involves a structured return-to-work plan, unlike a vacation
By dispelling these misconceptions, we can reduce stigma and promote a better understanding of stress leave in Canada.
Read more about stress leave in other regions in Canada here:
Stress Leave in British Columbia
Stress Leave in Alberta
Stress Leave in Quebec
Stress Leave in Saskatchewan
Stress Leave in Manitoba
Stress Leave in Ontario
How might stress leave in Canada evolve in the future?
The conversation around workplace mental health is constantly evolving, and the policies governing stress leave are likely to change in response. Several trends suggest the direction of this evolution.
There is an increased recognition of mental health as a core workplace health and safety issue, not just a personal one. This leads to a stronger focus on prevention instead of just dealing with leave and treatment. Companies are increasingly using technology, like teletherapy services and mental health apps, as employee benefits.
As workplace dynamics continue to evolve, so too will the policies and practices surrounding this excused absence. Staying informed about these changes can help both employees and employers navigate the complexities of workplace mental health.
FAQs about stress leave in Canada
Is stress leave legally protected in Canada?
While Canadian labour laws do not specifically define “stress leave,” employees are protected under various sick leave and human rights regulations, which vary by province and territory.
Do I need a doctor’s note for stress leave in Canada?
In most cases, yes. A medical certificate from a healthcare professional is typically required to validate the need for stress leave.
What if my job is changed when I return after stress leave?
Your employer cannot make significant, unilateral changes to your core duties, salary, or position upon your return. Such actions can amount to constructive dismissal, which is legally treated as a termination. While minor, supportive adjustments to help you transition back are acceptable, punitive changes like a demotion or a significant pay cut are not.
Can I be fired while on stress leave?
No. It is illegal to terminate an employee for taking a legitimate, medically documented leave. It is a violation of human rights legislation, and employers who do this face serious legal consequences. The only narrow exception might be in a mass layoff scenario where your role is eliminated for legitimate business reasons unrelated to your absence.
The bottom line
In summary, getting a handle on stress leave in Canada is key to keeping everyone healthy and productive. When we prioritize mental health, understand our rights, and use the support available, we can better manage workplace stress and help create a more positive atmosphere. This guide is here to help you find your way, whether you’re an employee thinking about taking a leave or an employer wanting to support your team.
