back-to-office challenges for workers facing stress, anxiety, and medical limitations
3 minute read
when mental health conditions such as severe anxiety or depression make it impossible for an individual to fulfill their work duties, a disability claim may be necessary.
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not everyone is enthusiastic about recent mandatory return-to-office policies put in place by the ontario and federal governments, large tech firms, and major banks. if you’re someone dealing with mental health disabilities, this major workplace change, which came into effect in the new year, could be a very real concern.
since october 2025, ontario provincial government employees who have been attending the workplace for a minimum of three days per week were expected to increase their attendance to four days per week as part of a transition period to the full-time in-office standard, effective jan. 5, 2026.
after four years of remote and hybrid work, some employees are genuinely unable to return to traditional office settings without serious mental health impacts. for some, it’s not about convenience—it’s about anxiety, depression, and diagnosed conditions that qualify as disabilities under canadian law.
under the ontario human rights code, employers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule, or standard. accommodation is necessary to ensure that people with disabilities have equal opportunities and access in a way that promotes integration and full participation.
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disability insurance policies cover mental health conditions. a claim provides an individual with income replacement, allowing them the time and financial space to focus on treatment and recovery without the added stress of a total loss of income.
when mental health conditions such as severe anxiety or depression make it impossible for an individual to fulfill their work duties, a disability claim may be necessary. these so-called “invisible illnesses” are legitimate medical conditions that can be as debilitating as any physical ailment.
according to an economic report issued last year from statistics canada, in 2022, among individuals aged 25 to 64, 65.1 per cent of persons with disabilities were employed. however, statistics also show that employees with disabilities can struggle because of a lack of accommodations in their workplaces. in 2022, an estimated 35 per cent of employees with disabilities reported unmet needs at work, and mental health-related issues were one of the 10 disability types documented in the survey.
these are important actions employers can take to provide mental health support:
- promote open communication: create a culture where employees feel safe to discuss stress and mental health without fear of judgment. leadership can set the tone by acknowledging the external economic pressures and reinforcing their commitment to employee well-being.
- highlight available resources: employers should regularly remind employees about the resources available to them, such as employee assistance programs. these programs offer confidential counselling, financial planning services, and other support tools that can be invaluable during tough times.
- invest in mental health training: equip managers and human resources staff with the training to recognize signs of distress and respond with empathy and support. they should know how to guide employees toward professional resources effectively and confidentially.
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filing a claim for disability, especially for mental health reasons, is often a challenging process for an employee. insurance companies may scrutinize these claims closely, requiring extensive medical documentation and proof that the condition prevents you from working.
with new mandates and return-to-work policies, if you are dealing with a mental health condition and are not able to perform your work duties, you may need to consider filing a disability claim. if so, getting the right support from an experienced disability lawyer can be crucial.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their clients’ rights to justice and obtaining the compensation they deserve. he is a member of the ontario justices of the peace appointments advisory committee of the central west region and was past chair of the long-term disability section of the ontario trial lawyers’ association.
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