Month: August 2024

Stress is an everyday part of life, but what happens when it affects your ability to perform your job. Poor mental health, left unchecked can cause undue hardship and impact your well-being.

If you are suffering from a mental health issue and contemplating taking stress leave, it’s important to understand your employment rights.

Eligibility Criteria for Stress Leave in Ontario

In Ontario, sick leave is covered by the Employment Standards Act (ESA) . The ESA allows eligible workers to take sick leave for a personal illness, injury, or medical emergency. This includes mental health conditions such as stress, depression, anxiety and burnout.

Your rights are also protected by the Ontario Human Rights Code (Code). If your mental health issue is deemed a disability, your employer is obligated to make a reasonable accommodations for you.

Because stress can impact people differently, mental health leaves can vary. You may also be entitled to disability benefits under your employment contract, a group disability insurance policy, or your union’s collective agreement.

If you are suffering stress-related struggles, you need an employment lawyer who will fight to ensure you get the disability benefits you deserve.

The team at Walter Law Group is available to provide advice and guide you through the process of going on stress leave in Ontario.

Navigating the Process: How to Apply for Stress Leave

Work can be challenging, and some days are worse than others. However, if you are experiencing excessive stress, you should speak to a health-care professional about your issues and whether taking a medical leave would help.

There may have been a workplace incident that has impacted your mental health. Document any relevant information and tell your health practitioner.

You will need to provide your employers with written or oral notice. You will likely need a doctor’s note that outlines your condition. A medical note can also include the duration of an appropriate mental health leave.

There are legal options available if an employer refuses to acknowledge an employee’s medical condition or grant any stress leave. For example, an employee could be held liable for violating provisions in the ESA, the Ontario Human Rights Code or the Occupational Health and Safety Act .

An employee who is refused stress leave for a legitimate mental health issue may also be able to bring a claim for constructive dismissal and be eligible for severance pay.

Role of Healthcare Professionals in Stress Leave Documentation

Stress can lead to other mental health issues, such as anxiety, depression, and substance abuse. Researchers have also found a link between stress concerns and domestic or sexual violence. That is why it is essential to speak with your healthcare provider as soon as you are feeling overwhelmed.

Taking stress leave can be a challenge if you fail to take all the necessary steps. For example, you should keep track of what you are experiencing, write it down and report it to your doctor. Documented mental health information may help ensure you get the sick leave you require to help you get better.

A healthcare professional may be able to use that information to support their diagnosis of your ailment. And, in the end, it could result in a more complete medical note explaining the steps you have taken to recover and why a sick leave is warranted.

Understanding Employment Contracts and Sick Leave Provisions

Under the ESA most employees have the right to take up to three days of unpaid job-protected leave each calendar year due to a personal illness, injury or medical emergency. This is known as sick leave. Special rules apply to some occupations.

To be eligible, you must work for your employer either part-time or full-time for at least two full consecutive weeks prior to taking the time off.

If you are in a union with a collective agreement or you signed an employment contract, you may be entitled to additional sick leave and disability benefits over and above what is legislated by the ESA. You may even have extended health care benefits for psychological treatment.

This means you may qualify for sick leave beyond the minimum three days mandated by the ESA.

You are entitled to the greater protection provided either by an employment agreement or the ESA. For example, if your contract does not provide a greater right or benefit, then the ESA sick leave standard would apply.

It should also be noted that if you take one paid sick day off under your employment agreement, then you are deemed to have also taken one sick leave day under the ESA.

In addition, unused sick leave days cannot be carried over to the following year.

The Impact of the Ontario Human Rights Code on Stress Leave

“Every person has a right to equal treatment in employment without discrimination or harassment based on disability, among other grounds,” according to the Ontario Human Rights Code. That includes mental health disabilities and addictions.

That means an employer cannot fire someone or deny them a job or promotion if that employee takes stress leave because of a mental health issue.

Under the Code, employers must provide accommodations for workers up to what is considered undue hardship. In addition, employees are entitled to take stress leave for an extended period to recover from mental health and stress issues.

Your employer also has to accommodate a return to work to the same or comparable job when you are ready return to work.

Short-Term vs. Long-Term Disability: What Covers Stress Leave

Many employees are offered the chance to participate in workplace insurance plans when they are hired. Benefit plans vary, but your insurance policy can include such protections as bereavement leave, provisions for a nurse practitioner and income replacement.

You may have short-term disability (STD), long-term disability (LTD) coverage, or both.

As the name implies, short-term disability covers you for a limited period. Typically, STD benefits can last up to six months. If an employee takes a stress-related leave under an STD policy, their stress must be severe enough to make them totally disabled and unable to work.

After STD benefits end, long-term disability insurance benefits begin. If you don’t have short-term disability coverage, you may need to take an unpaid mental health leave and until your LTD claim is approved.

Employment Insurance and Stress Leave

If you are unable to work due to intense stress, and your employer does not provide STD benefits, you may be eligible for Employment Insurance (EI) sickness benefits, which can provide up to 26 weeks of income replacement, offering 55 per cent of your earnings up to a maximum of $668 weekly.

To qualify, you must have paid premiums into EI and prove that:

• you’re unable to work for medical reasons;
• your regular weekly earnings from work have decreased by more than 40 per cent for at least one week; and
• you accumulated 600 insured hours of work in the 52 weeks before the start of your claim or since the start of your last claim, whichever is shorter.

Employer’s Obligations Under Ontario’s Employment Standards Act

The Employment Standards Act is the law that protects workers’ rights, setting down the minimum standards for basic conditions of employment, including wages, work hours, public holidays and vacations, overtime, leaves of absence, notice and severance pay obligations upon termination.

The Act sets out the legal rights and obligations of employers and employees. The minimum ESA standards cannot be ignored by employers and apply even if they are not included in your employment contract. An employee cannot sign away their ESA rights.

Challenges and Solutions: Handling Denied Stress Leave Claims

Unfortunately, stress leave disability benefit denials are not uncommon. Even though you may feel you are entitled to a sick leave, your insurance provider may find a reason to challenge your claim.

If your stress leave claim has been denied, you can request an internal appeal. Like your original claim, the appeal will be handled by the insurer. You can also start a lawsuit to obtain your benefits.

It is important to get sufficient medical documentation and seek the support of a specialist who can provide evidence of your medical condition. You must also undergo any necessary treatment. Insurers commonly deny claims because the claimant does not seek help for their mental health issue.

Attempting to get benefits during a stress leave can be frustrating, and dealing with an insurance company denial can exacerbate your condition. That’s why you should get legal advice.

The experienced employment and disability team at Walter Law Group are here to help you navigate the insurance denial process. We will work tirelessly to ensure you receive the benefits you deserve while on stress leave.

Legal Support and Resources for Employees on Stress Leave

For those on stress leave, there are government resources, such as federal EI sickness benefits and protections provided by the Employment Standards Act and the Human Rights Code.

The Ontario government also offers family responsibility leave, which gives up to three days of unpaid, job-protected leave in the event of a family illness, injury, or family-related emergencies.

For more than three decades, the team at Walter Law Group has been trusted as experts in employment, disability and personal injury law. We are here to protect your rights, and we will vigorously advocate on your behalf.

Contact us today so we can begin working for you.