By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Burnout is a state of physical, mental, and emotional exhaustion caused by prolonged exposure to chronic stress. Medical professionals recognise it as a serious health condition, which can severely impact your quality of life.
In many instances, burnout stems from the workplace. Employers impose unsustainable demands, while economic pressures—rising inflation, stagnant wages, and job insecurity—further intensify the strain. Too often, organisations prioritise profitability over employee wellbeing. In some instances, workers are effectively exploited: valued for their productivity until it declines, then discarded without accountability. We know this because we have experienced this first hand with our clients. Many employees in Ontario feel compelled to endure these conditions simply to survive. This is not a hypothetical concern, but a widespread and ongoing reality.
Burnout is not a personal failing. It is the foreseeable result of systemic workplace practices and must be treated with the seriousness it deserves.
Common causes of burnout include:
- Unrealistic employer expectations, including excessive workloads and unreasonable deadlines
- Poor work–life balance, which deprives workers of adequate time for rest, recovery, and family life
- Insufficient support structures, including, bad management, inadequate staffing, and the lack of meaningful mental health support
When the above conditions persist, burnout becomes not the exception, but the inevitable outcome.
Recognizing Burnout
In Burnout: A Review of Theory and Measurement, Valsania et. al., the authors define burnout as follows:
“Overall, burnout syndrome is an individual response to chronic work stress that develops progressively and can eventually become chronic, causing health alterations. From a psychological point of view, this syndrome causes damage at a cognitive, emotional, and attitudinal level, which translates into negative behavior towards work, peers, users, and the professional role itself. However, it is not a personal problem, but a consequence of certain characteristics of the work activity.”
Burnout symptoms may include concentration and memory problems, difficulty in making decisions, reduced coping capacity, anxiety, depression, dissatisfaction with life, low self-esteem, insomnia, irritability, increased alcohol and tobacco consumption, and an increased suicide risk.
There are also physical, behavioural, and organizational consequences to burnout.
Legal Rights and Protections in Ontario
In Ontario, employees experiencing burnout have legal rights and protections. Seeking advice early can help secure the necessary support and allow you to make an informed decision.
Right to Medical Leave
Short Term Medical Leave
Under the Employment Standards Act, 2000 (ESA), most Ontario employees that have worked for a consecutive period of 2 weeks are entitled to up to three days of unpaid sick leave, per year, due to illness. Employers cannot discipline, penalise, or terminate an employee for taking ESA-protected sick leave.
While the ESA provides only a minimum standard that must be met, an employer may offer paid sick leave or short-term disability (review your employment contract) to provide temporary income support.
Long Term Medical Leave
If you have worked for your employer for 13 consecutive weeks you may be entitled to up to 27 weeks of unpaid, job protected leave, within any 52-week period, if a qualified health practitioner agrees that your medical condition is serious. You will be required to provide your employer with a medical certificate from a qualified health professional to support your claim.
Importantly, in most cases, the duty to accommodate under the Ontario Human Rights Code requires your employer to protect your employment even if your medical leave of absence exceeds the 27-week long-term illness leave under the ESA.
Employment Insurance (EI) Sickness Benefits
Employees who must stop working due to burnout may be eligible for EI sickness benefits. These benefits provide temporary income. You could be entitled to receive 55% of your earnings up to a maximum of $729 a week, for up to 26 weeks. You will need a medical certificate to support your claim, including details of how long you’re advised to take leave.
EI sickness benefits can be a critical short-term support for employees who do not have paid sick leave or employer-sponsored disability coverage.
Private Insurance and Disability Benefits
Many employees also have access to short-term or long-term disability benefits through workplace benefit plans or private insurance policies. These benefits may provide additional income support beyond public benefits. It is important to file any claim without delay.
Mental health claims, including burnout-related claims, are often closely scrutinised by insurers. Medical documentation, compliance with treatment plans, and adherence to policy terms are essential. Denials are common, and disputes may require legal review.
When Burnout Becomes a Failure to Accommodate
Where burnout constitutes a disability, employers have a duty to accommodate under the Human Rights Code, up to the point of undue hardship. Accommodation may include reduced hours, modified duties, remote work, or medical leave.
Importantly, in most cases, the duty to accommodate requires your employer to protect your employment even if your medical leave of absence exceeds the long-term illness leave under the ESA.
An employer’s refusal to accommodate, or retaliation against an employee for requesting accommodation or taking medical leave, may give rise to claims for discrimination, reprisal, or constructive dismissal.
Conclusion
Do not suffer in silence. Burnout is not a personal weakness; it is a workplace health issue with real legal consequences. If you are experiencing burnout, speak with your doctor and seek legal advice early. Put your concerns in writing to your employer and request appropriate support or accommodation.
Ontario law provides employees with rights to medical leave, income support, and workplace accommodation, yet these protections are often unknown or misunderstood. Addressing burnout early, before the situation escalates, is critical. Ignoring it comes at a cost not only to employees, but also to employers who fail to meet their legal obligations.
Workplace Sage Legal can provide tailored advice to help you protect your health, income, and employment, when burnout becomes overwhelming. Book a consultation today.
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Learn more about employment law through the articles below:
- Mental Health in the Workplace
- Performance Improvement Plans: A Trap or a Chance?
- Who is entitled to Reasonable Notice, and how is it calculated?
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
