Employment Law

Mental Health at Work: Your Right to Accommodation

Depression, anxiety and other mental health conditions are protected at work. Here is how to ask for the support you need.

Modern open-plan office with employees working at individual workstations

Under Ontario's Human Rights Code, disability includes mental health conditions such as depression, anxiety, PTSD and bipolar disorder. Employers must accommodate them to the point of undue hardship.

The short answer

Tell your employer you need accommodation for a medical reason and what would help. You usually don't have to share your diagnosis, only how your condition affects your work and what you need.

Examples of accommodation

  • Flexible hours or a gradual return to work
  • Time off for appointments
  • Changes to duties or a quieter workspace
  • Working from home for a period
  • Changes to how instructions or feedback are given

Medical information

a black and white photo of a person's hands on a book

Employers can ask for information about your limitations and needs, usually from your doctor. In most cases they aren't entitled to your diagnosis.

Your part

  • Ask for accommodation, ideally in writing.
  • Share the information reasonably needed.
  • Take part in finding a solution.

The employer's part

  • Take the request seriously and act promptly.
  • Keep medical information confidential.
  • Explore options, and accommodate unless it would cause undue hardship.

If you are refused or penalized

Keep records, and know that you can apply to the Human Rights Tribunal of Ontario, usually within one year.

Talk to NEO

Questions about your rights at work? NEO can review your situation, including unpaid wages, Ministry of Labour claims and Small Claims Court. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Drug and Alcohol Testing at Work in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Modern open-plan office with employees working at individual workstations · a black and white photo of a person's hands on a book.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

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Law Society of Ontario — Barreau de l'Ontario
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