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Mental Illness in the Workplace

Mental Illness in the Workplace

byLecker & Associates | Employee Rights and Entitlements , Illness, Sick, and Stress Leave

As the majority of the workforce transitions back to in-office work, employees’ mental health in the workplace can no longer be ignored. Bram Lecker (“Mr. Lecker”), principal of Lecker & Associates, recently addressed this issue in an article, Disability claims involving employees suffering from mental illnesses are rising: lawyer, in the Canadian Lawyer. Specifically, he stated that his firm has “recently seen a 40-per-cent rise in employee-based illness cases. Of that 40 percent, three-quarters involve mental-health issues”. He further stated that “these challenges are causing workers – particularly younger workers – to quit”.

This is a problem for both employers and employees. Employers cannot simply run a business effectively with a drop in personnel, and people who quit their jobs will not be able to sustain a loss of income for too long, especially if their mental illness is preventing them from functioning.

Accordingly, employers need to address this issue. Mr. Lecker notes that “the good employers are dealing with it sensitively. The bad employers are basically looking at it like you’ve got the common cold. ‘Take a couple of days off and get back to work’.”

While the law requires that an employee take a sick leave for as long as is recommended by their physician, it is not necessarily a paid sick leave. However, some employers provide an employment benefit which includes a disability plan, i.e. short-term disability (“STD”) and long-term disability (“LTD”). However, where employers do not have a disability plan, employees may be eligible to receive employment insurance sick benefits for a period of up to fifteen (15) weeks. Anytime after that, without a disability plan, would be unpaid leave.

Where there is a disability plan offered by the employer, employees should not hesitate to make an application for STD/LTD benefits merely because their illness is psychological and not physiological, as Mr. Lecker points out that “there is no such thing as a disability policy which excludes mental health… It would be highly discriminative, and it’s contrary to the Insurance Act.” Mr. Lecker further points out that where employers deny time off and/or make payments under its disability plan, it may amount to a breach of contract.

The next part of an employee’s illness that employers need to bring their attention to is dealing with an employee’s return to work with accommodations, as this is just as important as providing an employee with medical time off.

In essence, employers must tread lightly when dealing with an employee’s return to work. First and foremost, an employee must be returned to the same or equal employment on the same terms and conditions as prior to the medical leave. Second, where an employee is returning with an accommodation letter from his or her physician, the employer must, pursuant to human rights laws, take reasonable steps to accommodate an employee, unless the employer could show that it would cause them serious hardship. However, Mr. Lecker stresses that “the only key is that accommodation is temporary.”

Where an employer is seeking further details about the accommodation in order to return the employee to a safe working environment, the employer may request an employee to have his or her physician complete a Functional Abilities form. It is important to note that the purpose of such information gathering is not to obtain the diagnosis of the medical condition, but rather to explore the limitations and restrictions of the employee.

If you have any doubts about how your employer has been handling your medically certified absence and/or your return to work with or without accommodations, contact the Toronto Employment Lawyers at Lecker & Associates team of experienced in order to have your situation assessed and provide legal advice to support you.

Testimonials from Employees Like You

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Conor Quenneville
2026-09-08
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Mr. Whittingham has incredible to work with regarding my employment matter. I have been thoroughly impressed by his legal knowledge, insight, professionalism and strategy. He’s been instrumental in helping me navigate my issue. Nathan has helped me every step along the way while we traverse the case. Ultimately helping me find a tailored legal solution that best fits my case. I can’t recommend Nathan Whittingham enough along with the rest of the Lecker and Associates team. Thank you for helping me navigate this stressful legal situation.
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Faiyaz Ally
2026-08-21
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Matthew was very hands-on throughout which is exactly what I expect. The communication was prompt, and professional. Eslita was always available if I had questions or needed to reach Matthew. Highly recommend this team.
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XU ZIMING
2026-08-18
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I had the pleasure of speaking with Nathan Whittingham regarding my previous employment experience. He was very helpful and understanding of the issues I am facing, and he provided valuable advice on several related topics. I would be very pleased to have him represent me as my paralegal in the future.
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Michael Armstrong
2026-08-18
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Fifteen years ago, through no fault of my own, I found myself unemployed and facing a severance package. Uncertain about what to do, what my rights were, and under pressure from my employer to sign the agreement, I knew I needed professional help. That’s when I found Lecker and Associates. Their guidance, expertise, and support made all the difference. The results far exceeded my expectations, and I was extremely grateful for the way they handled my case. Fifteen years later, I turned to Lecker and Associates once again and received the same high standard of service and dedication. Once again, the results far exceeded my expectations. Lecker and Associates have earned my utmost respect and comes with my highest recommendation. I would not hesitate to recommend them to anyone who needs knowledgeable, professional, and compassionate legal representation.
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Lia L
2026-08-18
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I highly recommend Ian Hurley, Nathan Whittingham and the team at Lecker & Associates. After having a terrible experience with my previous counsel from another law firm, I approached Ian with recommendation from a friend. Ian and his team graciously agreed to take over my case. Ian demonstrated that he truly understood and cared about my situation and provided clear and reasonable advice. He and his team handled everything with patience, efficiency, and professionalism. They set realistic expectations and delivered. Within less than 3 months, Ian was able to reach an acceptable settlement when it took my previous lawyer over a year to get nowhere. I'm truly grateful to Ian, Nathan and his team for helping me move forward and finally put a difficult chapter behind me. I would recommend Lecker & Associates to anyone who's in need for a professional, knowledgeable, and dedicated legal team.
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Lidia Sharpe
2026-08-17
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I had an excellent experience with the team of Matthew Fisher and Eslita Ramkishun. They were always very clear & transparent in their communication and represented me very well with my case. I greatly appreciate their professionalism, expertise and always ready to answer my questions
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Kelly Mountain
2026-08-17
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I had an excellent experience working with both Matthew and Eslita. They were consistently professional, knowledgeable, and highly skilled, making every step of the process feel clear and manageable. Their friendly approach and willingness to explain details thoroughly gave me confidence throughout my case. I’m truly grateful for their support and would highly recommend their services.
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Charlene Mathias McDoom
2026-08-17
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I am very grateful to have had the opportunity to work with Matthew Fisher and Eslita Ramkishun. Matthew's extensive knowledge and experience combined with his strong client-centred approach resulted in a great outcome for me. Eslita's diligence is unmatched and she too was such a pleasure to work with. Highly recommend.
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André Nichol
2026-08-17
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Being laid off and let go is never an easy process. The stress, uncertainty, and anxiety make decision making extremely difficult. Thank you to Jared and Jass at Lecker & Associates for explaining my options and employment law. It’s one thing to be an expert in your profession, it’s quite another to try to comprehend the intricacies of employment law when stressed. Thank you again to Jared and Jass for diligently negotiating my severance package.
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Mike L.
2026-08-13
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Both Jordan and Ashley were very helpful and courteous during a difficult situation. They were always prompt with responses and clear with communication. I recommend using Lecker & Associates

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