When your mental health is struggling, work can start to feel impossible. Maybe you're exhausted by noon, panicking before meetings or barely keeping up. You may not need to quit or push through alone. In Ontario, employers have a legal duty to accommodate employees with mental health disabilities. This guide explains your rights and how to ask. It also covers what your employer can ask and what to do if the answer is no.
This is general information, not legal advice. For advice about your situation, speak with a lawyer or your union if you have one.
Your right to accommodation
The Ontario Human Rights Code protects people from discrimination at work because of a disability. The Ontario Human Rights Commission (OHRC) says this includes mental health disabilities and addictions, whether past, present or perceived.
Employers have a duty to accommodate these needs up to the point of undue hardship. Undue hardship is a high bar. It looks at cost, outside sources of funding, and health and safety. The OHRC is clear that the duty to accommodate mental health disabilities is no less serious than for physical ones.
Accommodation is a shared responsibility. You, your employer and your union (if you have one) are all expected to work together. Everyone should look for solutions in good faith.
How to ask for accommodation
You don't need special words. But a clear request helps.
Decide who to tell. Usually this is your manager or human resources (HR). If you're in a union, you can involve your union representative.
Put it in writing. An email is fine. Say that you have a health condition that affects your work and that you're asking for accommodation. You don't have to name your diagnosis.
Suggest what might help. If you know what would make a difference, say so.
Keep records. Save emails, notes from meetings and any documents you send or receive.
Stay involved. Answer reasonable requests for information and follow up if you don't hear back.
Preparing for the conversation. Before you talk to your manager, write down a few points. What tasks are hardest right now? When do they happen? What has helped in the past? Having notes in front of you can make a stressful talk easier. You can also bring a support person, such as a union rep, if your workplace allows it.
The OHRC also notes something important. If an employer thinks an employee may have a mental health disability and needs help, the employer may still have a duty to accommodate. This is true even if the person hasn't asked.
What your employer can and can't ask
Your employer needs enough information to accommodate you. But they generally aren't entitled to your full medical story.
According to the OHRC, you may generally be expected to share:
That you have a disability or medical condition
The functional limitations or needs linked to it
Whether you can do the essential duties of your job, with or without accommodation
The type of accommodation that may be needed
If you're on leave, regular updates about when you expect to return
Generally, your employer does not have the right to know your diagnosis, symptoms, treatment or the cause of your condition. The OHRC says a diagnosis should only be requested in rare cases, when your needs are complex, challenging or unclear. Even then, the employer must clearly justify why it's needed.
What a medical or clinical note should include
A vague note like "off for medical reasons" often isn't enough to set up an accommodation. A helpful note focuses on what you can and can't do right now. It may include:
Confirmation that you have a health condition that affects your work
Your functional limitations, such as "can concentrate for about an hour at a time" or "needs to avoid frequent shift changes"
Suggested accommodations
How long the accommodation is expected to be needed, and when it will be reviewed
It doesn't need your diagnosis. Your employer may send a form for your health provider to fill out. That's common.
Our clinicians can provide supporting documentation for workplace accommodation as part of your care with us.
Common accommodations for mental health
There's no one-size-fits-all plan. Common accommodations include:
Flexible hours, such as a later start or time off for appointments
A gradual return to work after a leave, starting with fewer hours
Remote or hybrid work, where the job allows it
Modified duties, such as fewer high-pressure tasks for a time
Extra or longer breaks
A quieter workspace or fewer interruptions
Clear written instructions and regular check-ins with your manager
Many accommodations cost little or nothing. The goal is to help you do your job, not to lower its essential duties.
Time off, disability benefits and returning to work
Sometimes you need time away first. A few things to know:
Sick leave. Under Ontario's Employment Standards Act, most employees can take up to three days of unpaid, job-protected sick leave each year. Your employer may offer more.
Long-term illness leave. Since June 2025, eligible employees can take unpaid, job-protected leave for a serious medical condition. It can last up to 27 weeks in a 52-week period. A qualified health practitioner's certificate is required.
Short-term and long-term disability. Many employers offer disability insurance through a benefits plan. These plans pay part of your income while you're off. Each plan has its own rules and forms. Coverage depends on your plan.
Return-to-work plans. When you're ready, a written plan sets out your hours, duties and check-in dates. It should be reviewed and adjusted as you go.
Your Employee Assistance Program (EAP)
Many employers offer an Employee Assistance Program. Depending on your plan, your EAP or benefits may cover some counselling. Check your plan details or ask HR. Coverage is never guaranteed.
What to do if your request is refused
If your employer says no or doesn't respond, you have options:
Ask for the reasons in writing. Your employer should explain why an accommodation isn't possible. They should also say what else they considered.
Use the internal process. Ask HR about your workplace's accommodation or complaints policy. If you're unionized, talk to your union about a grievance.
Apply to the Human Rights Tribunal of Ontario (HRTO). You generally must apply within one year of the last incident of discrimination.
Getting legal advice can help you understand your options.
Support for your mental health at work
Work stress and mental health often feed each other. Therapy can help you manage symptoms, plan your request and prepare for a return to work. Learn more about our support for depression and anxiety, or see how online counselling can fit around your work day.
You can see us in Kitchener, Waterloo, Cambridge or Ottawa, or by secure video from anywhere in Ontario.
Cost, billing and your first step
Sessions with our therapists range from $130 to $200, depending on the clinician.
We accept Health Spending Accounts (HSAs).
We can direct bill many insurers. Coverage depends on your plan, so check with your insurer before you start.
Book a free 15-minute consultation with our admin team. Let them know you're looking for support with work and accommodation, and they'll help you find a good fit.
If you're in crisis: if you or someone you love is in immediate danger, call 911. If you're thinking about suicide, call or text 9-8-8 any time, day or night.
Last reviewed: October 2026
Sources
Policy on preventing discrimination based on mental health disabilities and addictions: duty to accommodate, Ontario Human Rights Commission
Human rights and mental health (fact sheet), Ontario Human Rights Commission
Your guide to the Employment Standards Act: sick leave, Government of Ontario
Your guide to the Employment Standards Act: long-term illness leave, Government of Ontario
Application and hearing process, Human Rights Tribunal of Ontario