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How Many Sick Days Are You Allowed in Ontario?
In Ontario, employees are entitled to 3 unpaid sick days per calendar year under the Employment Standards Act, 2000. These days are job-protected, meaning your employer cannot fire you or discipline you for using them. Paid sick days are not legally required, though many employers offer them voluntarily. Understanding your rights — and your employer's limits — is the starting point for any sick leave dispute.
Were you denied sick leave, disciplined, or terminated after taking time off for illness?
Retaliation for using ESA-protected sick leave is prohibited. If your employer has penalized you for taking a sick day, you may have grounds for a Ministry of Labour complaint or a legal claim. Get advice early.
Call: 1-800-771-7882 Speak With an Employment LawyerOntario sick day rules at a glance
Are paid sick days mandatory in Ontario?
No. The Employment Standards Act, 2000 guarantees 3 job-protected, unpaid sick days per year. Employers are not required by law to provide paid sick leave. However, many employers voluntarily offer paid sick days, short-term disability benefits, or paid time off programs. If your employment contract provides paid sick leave, your employer must honour that agreement — it becomes a binding contractual obligation.
Sick leave, personal days, and employer policies
The ESA minimum is 3 unpaid sick days. Anything above that — including paid sick days, personal days, or a combined paid time off bank — comes from your employment contract or your employer's written policies. These additional entitlements are contractual, not statutory. If your employer's policy provides more than the ESA minimum and they are not honouring it, that may give rise to a contractual dispute separate from any ESA complaint.
| Category | Entitlement | Paid? |
|---|---|---|
| ESA sick leave | 3 days per calendar year | Unpaid |
| Employer sick day policy | Varies — check your contract | May be paid |
| Short-term disability benefits | Varies by plan | Paid (insurance-based) |
What your employer can and cannot do regarding sick leave
What employers can do
- Request reasonable evidence that you are entitled to the leave (without requiring a diagnosis)
- Request a doctor's note where the absence exceeds ESA minimums or a workplace policy applies
- Request documentation when a disability accommodation is needed under the Ontario Human Rights Code
- Enforce additional policies that go beyond ESA minimums, consistently and transparently
What employers cannot do
- Deny a valid ESA sick day to an eligible employee
- Require a doctor's note specifically for ESA-protected sick leave (up to 3 days)
- Require disclosure of your medical diagnosis or condition
- Discipline, demote, or terminate you for taking ESA-protected sick leave
- Count ESA sick days against your attendance record for disciplinary purposes
Was your sick leave denied or did your employer demand documentation they were not entitled to?
If your employer refused a valid ESA sick day, required improper medical documentation, or took action against you for being sick, you may have grounds for a Ministry of Labour complaint or a legal claim. Get advice before the limitation period runs out.
Find Out Your Options Or call us: 1-800-771-7882What if you are fired for taking a sick day?
Termination shortly after taking ESA-protected sick leave raises serious legal concerns. If your employer fires you, disciplines you, or reduces your hours in connection with your sick leave, that may constitute a reprisal under the Employment Standards Act, 2000. Where the illness qualifies as a disability under the Ontario Human Rights Code, additional human rights protections may also apply. In some cases, a termination following sick leave can also give rise to a wrongful dismissal claim.
Frequently asked questions about sick days in Ontario
How many sick days are you allowed in Ontario?
Under the Employment Standards Act, 2000, most Ontario employees are entitled to 3 unpaid, job-protected sick days per calendar year after working for their employer for at least 2 consecutive weeks. These days do not carry over to the next year. Some employers offer additional paid sick days through their policies or employment contracts.
Are paid sick days mandatory in Ontario in 2026?
No. Ontario law does not require employers to provide paid sick days. The ESA guarantees 3 unpaid days of job-protected sick leave per year. Paid sick leave is available only where an employer voluntarily provides it through a contract or workplace policy, or where the employee qualifies for short-term disability benefits.
Can my employer ask for a doctor's note for a sick day in Ontario?
Not for ESA-protected sick leave. Employers cannot require a doctor's note for absences of 3 days or fewer that fall within the ESA sick leave entitlement. They may request reasonable evidence that you are entitled to the leave, which can be satisfied without a formal doctor's note or disclosure of your diagnosis.
Can my employer deny my sick day in Ontario?
If you meet the eligibility requirements — at least 2 consecutive weeks of employment and a qualifying reason for the leave — your employer cannot deny your ESA sick day. Denying a valid sick leave request or retaliating against you for taking one is a violation of the Employment Standards Act, 2000 and may give rise to a Ministry of Labour complaint.
Do sick days carry over in Ontario?
No. The 3 ESA sick days reset each calendar year and unused days do not carry over. If your employer's policy provides for carryover of additional sick or personal days beyond the ESA minimum, that is a contractual entitlement and must be honoured according to the terms of the policy.
What can I do if my employer retaliates for me taking a sick day?
You can file a complaint with the Ontario Ministry of Labour through the employment standards complaints process. If the retaliation involves termination, you may also have a wrongful dismissal claim. Where the illness qualifies as a disability, a human rights complaint may also be available. Limitation periods apply so acting promptly is important.
What is the difference between sick days and personal days in Ontario?
The ESA specifically provides for sick leave related to personal illness, injury, or medical emergency. Personal days are not separately defined under the ESA. Where employers offer personal days through their policies, those are contractual entitlements that vary by employer. Some employers combine sick and personal days into a single paid time off bank.
Have your sick leave rights been violated in Ontario?
If your employer denied your sick leave, demanded improper medical documentation, or terminated or disciplined you for being ill, our team can help you understand your options and file a complaint if needed. We advise employees across Ontario on employment standards complaints and workplace disputes. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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. ©