Can You Get Short-Term Disability Stress Leave In Ontario?
If you are unable to work due to an illness or injury, check to see if your employers group benefits policy has Short Term Disability (“STD”) coverage. STD benefits are intended to provide you with income replacement if you are suffering from a medical condition that prevents you from working.
What is Short Term Disability?
Short Term Disability coverage is income replacement insurance. The benefit provides coverage for a finite period (usually up to 26 weeks) of income replacement if you are unable to complete your job due to a medical illness or injury. For example, if you are recovering from a surgical procedure that has taken you off work temporarily, consider applying for STD benefits.
How Can I Apply for STD Benefits?
You can apply for STD coverage by completing an application called the Plan Member Statement. You’ll also be required to complete a form by your doctor called the Attending Physician Statement. These forms provide details about you and your condition to help the insurance company open and evaluate your claim.
Once the completed forms are in the insurer will either approve or deny your claim for benefits.
Would Mental Health Conditions Covered by STD Benefits?
They could be. You could apply for STD benefits if your mental health is declining and you require time off work to address and treat your condition. People will often experience stressful situations in life that can negatively impact one’s mental health. Stress alone is not enough to be entitled to STD coverage. A diagnosis of a medical condition is required. The diagnosis and accompanying symptoms must also prevent you from completing the duties of your job. If you suffer from anxiety and depression and stress is causing your condition to worsen, it is important to note the appropriate diagnosis is listed on your application forms. A condition of increased stress will often not be enough to be entitled to STD coverage.
Can My Employer Terminate Me For Making an STD Claim?
Your employer cannot terminate you for making a claim for STD benefits. An approved medical leave is a protected ground under the Ontario Human Rights Code. Your employer would be violating a protected right if it decided to terminate you simply because you have taken medical leave.
If you are considering an STD leave but don’t know where to begin, call the disability legal team at Whitten & Lublin for a free consultation. If you’ve applied for STD benefits and have been denied, our team can help you fight for the benefits you deserve. Call us 416-640-2667 or reach out to us online.
Author – Aman Chaggar