Sick Days in Ontario: What You're Entitled To
Ontario gives most employees three job-protected sick days a year, and you cannot be fired for being genuinely ill. Here is how sick leave actually works.
Key takeaways
- Most Ontario employees get three unpaid, job-protected sick days per year under the ESA.
- The ESA does not require paid sick days, though your employer or contract may offer more.
- Your employer generally cannot require a doctor's note for these ESA sick days.
- You cannot be fired for genuinely using sick leave, and a chronic illness triggers the duty to accommodate.
- For a longer illness, you may move into stress or medical leave and disability benefits.
In this article
People are often unsure what they are actually entitled to when they are sick, and whether calling in can put their job at risk. In Ontario, there is a baseline of protection, even if it is more modest than many expect, and your job is protected when you are genuinely ill.
✅Quick answer. Under the ESA, most Ontario employees are entitled to three unpaid, job-protected sick days per year after two weeks on the job. There is no statutory right to paid sick days, though your employer may provide them. Your employer generally cannot demand a doctor's note for these ESA days, and you cannot be dismissed for legitimately being sick.
How many sick days do you get in Ontario?
The ESA provides three days of unpaid sick leave per calendar year, available to most employees once they have been employed for at least two consecutive weeks. These days are job-protected, meaning you cannot be penalized for taking them. Your employer or your contract may offer more, but three is the statutory floor.
Are sick days paid in Ontario?
The ESA sick days are unpaid. Ontario does not currently mandate paid sick days. Many employers do provide some paid sick time as a benefit, and a longer illness may be covered by short-term disability or employment insurance sickness benefits, but the statutory entitlement itself is unpaid.
Can your employer require a doctor's note?
Generally not for the ESA sick days. Employers cannot require a certificate from a doctor or other qualified health practitioner as a condition of taking the three statutory sick days. They may ask for evidence that is reasonable in the circumstances in some situations, but the days are meant to be accessible without forcing you to a clinic.
Can you be fired for being sick?
Not for genuinely using your sick leave. And if your illness is ongoing or amounts to a disability, you are protected further: your employer has a duty to accommodate you to the point of undue hardship, the same as with any medical leave. Being dismissed because of illness or disability can be discrimination, which can entitle you to more than ordinary severance.
What about a longer illness?
Three days does not stretch far for a serious condition. A longer absence usually moves into the territory of medical or stress leave, short-term disability or long-term disability benefits, and accommodation. The job protection and the pay are separate questions, and it is worth knowing both before you need them.
Frequently asked questions
How many sick days am I entitled to in Ontario?
Most employees are entitled to three unpaid, job-protected sick days per year under the ESA, after two consecutive weeks of employment. Your employer or contract may offer more.
Are sick days paid in Ontario?
The ESA's three sick days are unpaid. Ontario does not mandate paid sick days, though many employers provide some, and a longer illness may be covered by disability benefits or EI sickness benefits.
Can my employer ask for a doctor's note for a sick day?
Generally not for the three ESA sick days. Employers cannot require a doctor's certificate as a condition of taking them, though reasonable evidence may be requested in some circumstances.
Can I be fired for taking too many sick days?
Not for genuinely using your entitlement. If your illness is ongoing or a disability, your employer must accommodate you, and firing you for it can be discrimination, entitling you to more than ordinary severance.
Omar Haddad
Legal Writer, Mirza Law
Omar Haddad is a legal writer at Mirza Law in Toronto. He writes about termination, medical and disability leave, and what the law protects when an employee is let go.
See all articles
