There are times when a person might get overwhelmed by all that might happen around them. They might have a lot going on at home, in their social lives, or even at the workplace, there might be a matter that could be pressing or could begin to take its toll on an employee. Given that mental issues may affect a person’s quality of life and also their performance, it is imperative that employers recognise such issues and provide PTOs or paid time off for when things just might not be going your way and you might be stressing out over them. In this blog post, we will discuss just that: the fact that employers are bound to provide employees with stress leaves, and all the particulars that surround this aspect.
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Let’s start by looking at what exactly stress leave is.
Stress Leaves in Ontario: What are They?
Stress leaves, as the name implies, are days off that your employer is mandated to provide you with under the Ontario Employment Standards Act (ESA), packaged with the sick leaves that an employer is also mandated to provide each employee with. Stress leaves are aimed at providing individuals with around three days off (at least) to individuals who comply with the guidelines and requisites for stress leaves as laid down by ESA Ontario.
While we will discuss the particulars of stress leaves and what the ESA states about them that the employer should always abide by, it is first important for us to distinguish between other types of sick leaves and understand why the ESA makes the stress leaves mandatory for an employer to provide.
For starters, stress leaves aren’t trivial enough to be taken every other day just because of regular panic attacks or other issues that may or may not fall under the banner of mental issues. However, it isn’t something that should be avoided on; as the ESA states, there are days where the burnout and the stress of work just may be too much, and with that, the employer is bound to provide you with time off to allow for your mental health to recuperate.
Stress leaves are made to be a part of sick leaves because employers are supposed to bundle up leaves that are part of the overall health of the employees. In the days before, this did not used to be the case. However, more recently, employers have begun to allow employees to take stress leaves in Ontario under the ESA Act to allow for their employees to not suffer due to any issues with their mental well-being.
How Many Days Can You Take off as Stress Leaves?
While the ESA mandates that at least three days be allowed for employees to claim as stress leaves, like much of what the particulars around stress leaves are, most of it is left to the employer. Many companies and employers offer more than three days of stress leaves as part of their benefits package, and usually, the employees are allowed to utilise such leaves within a singular calendar year. This means that depending on your employer, you may be entitled to three or more stress leaves per year.
Are Stress Leaves Considered PTO or Paid Time off?
A common misconception among employees is that the ESA also mandates that the stress leaves and by extension, sick leaves be also made a part of PTO or paid time off, provided by the employer. However, the fact is that there is no such imposition from the ESA on employers in Ontario that stress leaves or sick leaves need to be made a part of PTO or paid time off. Once again, it is upon the discretion of the employer whether they offer sick leaves and stress leaves as part of their paid time off or not. The ESA does not mandate the employer into providing stress leaves as PTO.
Requisites for Taking Stress Leaves
As explained beforehand, there is a potential for some people to misuse the stress leave option that employers provide, and or that purpose, there are specific requisites that employees need to have taken care of or must conform to before they can utilise their stress leaves. According to the Ontario ESA, stress leaves can only be utilised by employees of any corporation who have worked at least two consecutive weeks with an employer, either in a full-time or part-time capacity. Once an individual has satisfied this condition, they may be able to claim stress leave as per the policy set forth by their place or work or employer.
Can an Employer Refuse Stress Leave(s)?
No, an employer cannot refuse stress leave or refuse to accept it as legal grounds for absence from a day of work. The fact of the matter is this: both sick leaves and stress leaves are part of what an employer offers as a package deal to their benefits section. These are also mandated by the ESA Ontario, which means that while the employer or company may make some additions to the package deal, they cannot refuse to accept sick leave or stress leave as a valid reason for absence, provided the employee actually conforms to the requirements as set forth by the ESA Ontario Act. Should the employee not be able to conform to the requirements as set forth, the employer has the right to deny any stress or sick leaves. Therefore, it is always advisable to ensure that you yourself are in terms with what the requirements set forth.
Dharsi Law: The Best Employment Lawyers in Toronto!
Stress leaves and sick leaves all fall into the ambit of employment law, and when it comes to employment law, you’re better off not taking any risk at all, especially when it comes to litigation. Dharsi Law tops our list of the best employment lawyers in Toronto. It should come as no surprise that Dharsi Law has been ranked the top employment lawyer; their services, their track record and their insistence on nothing but excellence should guarantee that. Firstly, they provide comprehensive legal services for all matters related to employment law; contract disputes, contract law advice, and workplace discrimination claims are their specialties, and their track record for these claims is simply indisputable. All in all, Dharsi Law promises a worry-free approach to litigation.
