In Ontario, Can I Get Fired for Calling In Sick?
If you’ve ever called in sick and worried about losing your job, you’re not alone. Many employees in Ontario face uncertainty when they need time off for illness or injury.
This article explains whether your employer can legally fire you for calling in sick, outlines your rights under Ontario law, and provides practical steps to protect yourself if a workplace issue arises.
Ontario’s Employment Laws on Sick Leave
Ontario’s employment laws offer key protections for workers who need time off for health reasons. Here’s how the law protects you:
- Employment Standards Act (ESA): The Employment Standards Act, 2000 (ESA) gives employees the right to take up to three unpaid sick leave days per year for personal illness, injury, or medical emergencies. Employers cannot terminate or penalize an employee for taking legitimate sick leave under the ESA. Doing so may be considered a reprisal or wrongful dismissal.
- Ontario Human Rights Code: The Ontario Human Rights Code prohibits discrimination based on disability or medical condition. If your illness qualifies as a disability, your employer may have a duty to accommodate you to the point of undue hardship.
- Occupational Health and Safety Act (OHSA): The OHSA protects employees from unsafe working conditions. It promotes health and safety at work, ensuring that employees are not penalized for refusing unsafe work or reporting illness-related safety concerns.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Employers cannot terminate an employee for legitimately taking a protected sick leave under the ESA. Doing so may amount to a reprisal or wrongful dismissal.”
- No. Employers cannot terminate employees for exercising their right to take job-protected sick leave under the ESA. Doing so could amount to a reprisal or wrongful dismissal.
No, not for short absences of three days or less. For longer absences, employers may request reasonable proof, but not necessarily a doctor’s note.
You can first discuss the issue with your employer or HR department. If it’s not resolved, consider filing a complaint with the Ministry of Labour or consulting an employment lawyer for legal advice.
Your Sick Leave Rights in Ontario
Under the ESA, employers must allow employees to take at least three unpaid sick days each calendar year.
While employers are not legally required to offer paid sick leave (unless provided in a contract or company policy), you are still entitled to take unpaid days off to recover.
Notifying Your Employer
It’s important to notify your employer as soon as possible when you’re unable to work. Although employers can request reasonable evidence (such as a note or documentation) for absences longer than three days, doctors’ notes are no longer required for short-term absences.
Fair Use of Sick Leave
Use your sick leave for genuine medical reasons. Repeated misuse or dishonesty may lead to disciplinary action, but legitimate use is protected by law.
Job Security and Sick Leave: Can You Be Fired?
Under Ontario law, an employer cannot fire you simply for calling in sick. However, employers may take action if:
- There’s evidence of repeated abuse of sick days.
- You fail to provide reasonable notice or evidence when requested.
- The termination is unrelated to sick leave (e.g., restructuring).
If you are dismissed while on or after taking sick leave, it’s important to seek legal advice to determine whether the termination was lawful.
What To Do If You’re Fired for Calling In Sick
- Document Everything: Keep emails, messages, or doctors’ notes that prove you were legitimately ill.
- Speak with HR: Attempt to resolve the issue internally before escalating.
- File a Complaint: If the issue remains unresolved, you can contact the Ministry of Labour, Training, and Skills Development for assistance.
- Consult an Employment Lawyer: Legal guidance can help you understand whether your termination qualifies as wrongful dismissal or reprisal.
When to Contact an Employment Lawyer
If you believe your employer has violated your rights under Ontario’s employment laws, legal help is crucial.
An employment lawyer can assess your situation, negotiate fair compensation, and represent you in disputes before the Human Rights Tribunal or Labour Board.
Contact Achkar Law
If you believe you were fired for calling in sick in Ontario, or if your employer violated your sick leave rights, Achkar Law can help.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©