How Many Sick Days Are You Allowed in Ontario?
How many sick days do you actually get in Ontario, and are they paid?
Under Ontario’s Employment Standards Act (ESA), every employee who has worked for at least two consecutive weeks is entitled to three unpaid sick days per calendar year for illness, injury, or medical emergencies.
However, many employers go beyond the ESA minimums by offering paid sick leave or disability coverage through their policies or group benefit plans.
Knowing the difference between paid and unpaid sick days and when documentation is required helps both employees and employers stay compliant and avoid disputes.
📍 Not in Ontario?
If you’re an employee or employer in British Columbia, the law works differently. See our BC-specific article about how many sick days you are allowed.
💡Key Point for Employers
If your policies already offer more generous sick leave (for example, five paid days or short-term disability benefits), those policies must meet or exceed ESA minimums.
Are Sick Days Paid in Ontario?
There is no legal requirement under the ESA for employers to provide paid sick days.
However, many workplaces voluntarily do so to attract and retain staff.
Paid sick leave may come from:
- Employer policy or collective agreement
- Short-term or long-term disability insurance
- Temporary federal benefits, such as Employment Insurance (EI) Sickness Benefits
💡Tip
Employers should clearly outline whether sick leave is paid or unpaid in employment contracts or policy manuals to prevent confusion and disputes.Do Employees Need a Doctor’s Note for Sick Leave?
No. Under Ontario’s current ESA rules, employers cannot require a doctor’s note for short-term absences (up to three days) of sick leave.
Employers can still ask for reasonable evidence that the employee is genuinely unable to work. For example, self-attestation or confirmation of a medical appointment.
Doctor’s Notes May Still Be Required For:
- Extended absences beyond three days
- Short- or long-term disability claims
- Workplace accommodation requests under the Human Rights Code
💡Employers must be cautious
They may ask for confirmation of functional limitations or expected return-to-work dates, but not for private medical details such as diagnoses or treatments.Employee Rights and Responsibilities During Sick Leave
Employees must:
- Notify their employer as soon as reasonably possible of their absence
- Provide required documentation if requested and justified
- Cooperate in good faith during any accommodation process
Retaliation, discipline, or termination for taking ESA-protected sick leave is strictly prohibited and can lead to:
- Employment Standards complaints
- Human rights applications
- Wrongful dismissal claims
Employer Obligations and Best Practices
Employers should ensure their policies and practices comply with Ontario’s ESA and privacy laws.
Best Practices for Employers:
- Maintain a clear written policy on sick leave entitlements and expectations.
- Train managers on privacy and human rights compliance.
- Avoid asking for unnecessary medical details.
- Document communications around absences to ensure transparency.
💡Employers must be cautious
Failure to comply with ESA rules or to handle sick leave fairly could expose employers to Ministry of Labour audits, monetary penalties, or litigation.
What If an Employer Refuses Sick Leave or Retaliates?
If an employee is denied sick leave or penalized for taking it, they can:
- File a claim with the Ontario Ministry of Labour, or
- Bring a Human Rights Tribunal of Ontario (HRTO) complaint if illness relates to a disability.
In serious cases, employees may also pursue wrongful dismissal claims where termination occurs during or after a protected absence.
Paid vs. Unpaid Sick Days in Ontario (At a Glance)
| Category | Entitlement | Paid or Unpaid | Proof Required |
|---|---|---|---|
| ESA Sick Leave | 3 days per year (after 2 weeks) | Unpaid | No doctor’s note required |
| Employer Policy | Varies (often 3–10 days) | May be paid | Based on company policy |
| Short-Term Disability | As approved by insurer | Paid (benefit-based) | Medical documentation required |
| EI Sickness Benefits | Up to 26 weeks | Partial wage replacement | Federal medical documentation |
Seeking Legal Help for Sick Leave Issues
Both employers and employees can benefit from legal advice when handling sick leave issues, especially where disputes or medical accommodations arise.
At Achkar Law, our Ontario employment lawyers help clients:
- Draft and review sick leave and disability policies
- Resolve denied sick leave or retaliation claims
- Ensure compliance with the ESA and Human Rights Code
- Address disputes involving medical documentation or privacy
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Sick leave disputes often arise from unclear expectations or misunderstood rights. Both employers and employees should know where they stand.
Speaking with an employment lawyer early can help prevent conflict and ensure compliance with Ontario’s laws.”
Contact Achkar Law
If you’re an employer updating your policies or an employee denied your sick leave rights, Achkar Law can help.
We provide practical, proactive legal advice to prevent problems before they escalate and representation if they do.
Contact us to schedule a confidential consultation.
Protect your workplace, your rights, and your peace of mind.
FAQ: Ontario Sick Days
Three unpaid days per calendar year after two weeks of employment.
Only if provided by your employer’s policy or benefits plan.
Not for absences of three days or less. They may request limited medical confirmation for longer absences or accommodations.
You may file a complaint with the Ministry of Labour or the Human Rights Tribunal of Ontario.
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. ©