In Ontario, most employees are entitled to up to three unpaid, job-protected sick days each calendar year under the Employment Standards Act, 2000. However, sick leave situations can quickly become more serious if your employer denies your leave, pressures you to return, asks for improper medical information, disciplines you, or suggests that you resign.
In some cases, employees who are unable to return to work due to illness or injury may still be entitled to severance pay, even if they have not been formally terminated.
If you are on sick leave or unable to return to work because of illness or injury, it is important to understand your rights before making any decisions. Depending on your situation, you may also be entitled to severance pay in Ontario, disability benefits, or other compensation.
How Many Sick Days Do You Get in Ontario?
Under Ontario’s Employment Standards Act, 2000, most employees are entitled to up to three unpaid sick days per calendar year after working for their employer for at least two consecutive weeks.
These sick days are job-protected. This means your employer generally cannot discipline, penalize, or terminate you simply because you used a valid sick leave.
For more details, see Ontario’s official sick leave rules.
Are Sick Days Paid in Ontario?
Ontario’s ESA sick leave entitlement is unpaid. Your employer may provide paid sick days through an employment contract, workplace policy, benefit plan, or collective agreement, but paid sick leave is not required for most provincially regulated Ontario employees.
What Can Sick Leave Be Used For?
ESA sick leave can be used for a personal illness, injury, or medical emergency. This includes physical illness, injury, medical appointments, and mental health conditions such as stress, anxiety, or depression.
Can You Take Sick Leave for Mental Health?
Yes. Sick leave can apply to mental health conditions. Employers have a duty to accommodate disabilities, including mental health disabilities, to the point of undue hardship.
If your employer dismisses your concerns, pressures you to return before you are medically ready, or treats your condition unfairly, you may have a legal claim for constructive dismissal or discrimination.
Can Your Employer Ask for a Doctor’s Note?
For ESA sick leave, an employer may ask for reasonable evidence that you are entitled to the leave. However, Ontario law generally prohibits employers from requiring a doctor’s note for the three ESA sick days.
In longer absences or disability-related situations, medical documentation may still be relevant, but employers should not demand unnecessary details or diagnoses.
Can an Employer Deny Sick Leave in Ontario?
If you qualify for ESA sick leave, your employer generally cannot deny your right to take it. However, disputes can arise where employers challenge whether the leave is valid or impose discipline.
If your employer denies your leave, disciplines you, cuts your hours, or threatens termination, you may have a claim for wrongful dismissal.
Can You Be Fired While on Sick Leave?
Your employer cannot terminate you simply because you are sick or because you took a valid sick leave. However, termination can still occur in some situations.
Whether it is legal depends on the facts, including accommodation efforts, the reason for termination, and whether proper notice or compensation was provided. However, employers must meet strict legal requirements before terminating an employee who is on sick leave, particularly where a disability is involved.
For more information, see our guide on being terminated while on disability leave in Ontario.
What If You Need More Than Three Sick Days?
If your illness lasts longer than three days, you may have additional options including short-term disability, long-term disability, human rights accommodation, or Ontario’s long-term illness leave.
Ontario’s long-term illness leave may provide up to 27 weeks of unpaid, job-protected leave. See Ontario’s long-term illness leave rules.
You may also qualify for EI sickness benefits, which can provide temporary income support if you are unable to work.
Can You Resign While on Sick Leave?
Yes, you can resign while on sick leave. However, doing so can be a costly mistake.
If you resign, you may lose your right to severance pay or other compensation. In some situations, it may be better to wait and understand your legal position first.
For more detail, see our guide on resigning while on sick leave in Ontario.
What Is Frustration of Contract?
Frustration of contract in Ontario can occur when an employment relationship can no longer continue due to illness or injury and there is no reasonable likelihood of returning to work.
In these cases, employees may still be entitled to minimum termination and severance pay under the ESA, depending on the circumstances.
What If Your Employer Is Pressuring You While You Are on Sick Leave?
Some employees experience pressure while on leave, including repeated contact, threats about their job, or pressure to resign.
Employers are allowed to communicate for legitimate reasons, but they cannot harass, intimidate, or force you to return before you are medically able.
Do You Get Paid Out for Unused Sick Days When You Quit?
Generally, no. Unused ESA sick days are not paid out when employment ends unless your contract or workplace policy provides otherwise.
This is separate from other entitlements such as severance pay, vacation pay, or disability benefits.
When Should You Contact an Employment Lawyer?
You should speak with an employment lawyer if your employer:
- denies your sick leave;
- disciplines you for taking sick leave;
- pressures you to resign;
- terminates you while you are sick or disabled;
- cuts your hours or changes your job; or
- offers you a severance package while you are on leave.
Frequently Asked Questions About Sick Leave in Ontario
How long can you be on sick leave in Ontario?
In Ontario, most employees are entitled to up to three unpaid, job-protected sick days under the Employment Standards Act, 2000. If you need more time off because of a serious illness, injury, or medical emergency, you may have other options, including long-term illness leave, disability benefits, EI sickness benefits, or accommodation under human rights law.
Can you take sick leave for mental health in Ontario?
Yes. Sick leave can apply to mental health conditions, including stress, anxiety, depression, and burnout. Employers must treat mental health conditions seriously and may have a duty to accommodate you to the point of undue hardship.
Can your employer deny sick leave in Ontario?
If you qualify for sick leave under the Employment Standards Act, your employer generally cannot deny your right to take it. If your employer refuses your leave, disciplines you, reduces your hours, or pressures you to return before you are medically able, you should get legal advice.
Can you be fired while on sick leave in Ontario?
Your employer cannot fire you simply because you are sick or because you took a valid sick leave. However, termination can still happen in some situations. Whether it is legal depends on the reason for termination, whether a disability is involved, whether accommodation was considered, and whether proper notice or severance was provided.
Can you resign while on sick leave in Ontario?
Yes, you can resign while on sick leave, but you should be careful. Resigning may affect your right to severance pay, termination pay, disability benefits, or other compensation. Before resigning, it is usually best to understand whether you may have other legal options.
Do federally regulated employees have different sick leave rights?
Yes. Some employees in federally regulated industries, such as banking, telecommunications, and airlines, are covered by the Canada Labour Code instead of Ontario’s Employment Standards Act. These employees may have different sick leave entitlements, including paid medical leave. Most employees in Ontario, however, are governed by provincial legislation.
Speak With a Monkhouse Law Employment Lawyer
If you are on sick leave, medical leave, or disability leave, you should understand your rights before making any decisions.
Monkhouse Law Employment Lawyers represents non-unionized employees in Ontario. We offer a free 30-minute phone consultation to help you understand your rights and options before making any decisions about your employment.