Workplace Harassment & Stress Leave in Ontario: Your Rights (2026)
Workplace harassment can cause serious health problems. Here's how Ontario law protects you and how to get the medical documentation you need for stress leave.
## Workplace Harassment & Stress Leave in Ontario
Workplace harassment — whether from a supervisor, colleague, or client — can cause serious physical and mental health consequences. Ontario law provides strong protections, but you need to know how to use them.
### What Constitutes Workplace Harassment in Ontario?
Under the Occupational Health and Safety Act (OHSA), workplace harassment includes:
- **Repeated vexatious comments or conduct** that is known or ought to be known to be unwelcome
- **Workplace sexual harassment** — sexual solicitation, advances, or remarks
- **Bullying** — intimidation, humiliation, threats
- **Psychological harassment** — gaslighting, isolation, undermining
**Not harassment (legally):**
- Legitimate performance management
- Reasonable workplace expectations
- A single disagreement or conflict
- Constructive criticism delivered appropriately
### Health Impacts of Workplace Harassment
Research shows workplace harassment causes:
| Condition | Prevalence Among Victims |
|---|---|
| Anxiety disorders | 60-80% |
| Depression | 40-60% |
| PTSD symptoms | 30-50% |
| Insomnia | 50-70% |
| Cardiovascular issues | 20-30% |
| Gastrointestinal problems | 25-40% |
| Substance use increase | 15-25% |
### Your Legal Options
**1. Internal Complaint**
- File with HR or your employer's harassment policy contact
- Your employer must investigate within a reasonable time
- You're protected from retaliation for filing a complaint
**2. OHSA Complaint (Ministry of Labour)**
- File if your employer fails to investigate or address the harassment
- The Ministry can order investigations and compliance
- No cost to file
**3. Human Rights Tribunal of Ontario (HRTO)**
- If harassment is based on a protected ground (race, sex, disability, etc.)
- Can award damages for injury to dignity
- Must file within 1 year of the last incident
**4. WSIB Claim**
- Workplace harassment causing mental health injury may be eligible for WSIB
- Chronic mental stress claims are accepted since 2018
- Requires medical evidence linking the condition to workplace events
### Getting Medical Documentation for Stress Leave
When harassment makes you unable to work, you need documentation that:
1. **Confirms your condition** — Anxiety, depression, PTSD, adjustment disorder
2. **States you're unable to work** — Due to the severity of symptoms
3. **Recommends time off** — Specific duration for recovery
4. **Does NOT need to name the harasser** — Your medical note should focus on your health, not workplace politics
### How Long Can You Take Stress Leave?
| Severity | Typical Duration | Benefits Available |
|---|---|---|
| Mild (adjustment reaction) | 1-2 weeks | ESA sick days + employer sick leave |
| Moderate (anxiety/depression) | 2-8 weeks | Short-term disability |
| Severe (PTSD, breakdown) | 2-6 months | EI Sickness Benefits (26 weeks) |
| Complex (ongoing legal proceedings) | 6-12+ months | Long-term disability |
### Protecting Yourself: Documentation Checklist
Before going on leave, gather:
- [ ] Written records of harassment incidents (dates, times, witnesses)
- [ ] Emails, texts, or messages showing harassment
- [ ] Names of witnesses
- [ ] Any previous complaints you've filed
- [ ] Medical documentation of health impacts
- [ ] Copy of your employer's harassment policy
### How MedLetter Can Help
Our CPSO-registered physicians can provide:
- Sick notes for stress-related inability to work
- Workplace accommodation letters for modified duties
- Documentation supporting WSIB chronic mental stress claims
- Letters for EI Sickness Benefit applications
- Return-to-work documentation with appropriate conditions
We understand the sensitivity of harassment situations. All consultations are completely confidential.
**Need stress leave documentation? [Get started here](/get-started/sick_note)**