sick days in Ontario explained

Sick Days in Ontario Explained

Sick days in Ontario are often a source of confusion and concern. Employees may worry about how illness impacts their job security, while employers may have questions about legal obligations and how to manage sick day requests lawfully. Knowing your rights—whether you’re an employee or an employer—can make all the difference in addressing sick leave confidently.

This article explains what Ontario law says about sick days, the difference between paid and unpaid leave, and how both employees and employers can protect their rights. Contacting an employment lawyer for personalized advice can clarify obligations and reduce risks.

Ontario Sick Days: Legal Basics

In Ontario, the Employment Standards Act (ESA) guarantees certain sick leave entitlements. Any employee who has been with an employer for at least two weeks has the right to three unpaid sick days per calendar year for illness, injury, or medical emergencies. These are the minimum entitlements, and employers are not required to offer paid sick days unless outlined in the employment contract or company policy.

Paid vs. Unpaid Sick Days

Employers may offer paid sick days as part of a benefits package, and some companies provide short- or long-term disability coverage through third-party insurance. However, these additional benefits are at the employer’s discretion unless specifically required by contract.

If paid sick leave isn’t available and the employee has used up their unpaid sick days, they may be eligible for federal Employment Insurance (EI) sickness benefits for temporary income support.

Employer Rights and Obligations on Sick Days

Ontario workers no longer need to provide a doctor’s note for sick leave requests of up to three days. This significant change was introduced to ease the burden on employees and reduce unnecessary strain on the healthcare system.

Employers can still request evidence that the employee is genuinely ill, but this no longer requires formal documentation from a medical practitioner for short-term absences.

Confirmation for Longer Absences or Accommodations

While doctor’s notes are no longer mandatory for short-term sick leave requests, confirmation from medical practitioners remains necessary in specific situations, such as:

  • Accommodation Requests
  • Short-Term Disability Leave
  • Long-Term Disability Leave

However, this proof can only include necessary information relevant to the employee’s absence, such as:

  • Expected duration of the leave
  • Any recommended accommodations for return-to-work
  • Confirmation that the employee was seen by a medical professional

Employers are not permitted to demand private medical details like specific diagnoses or treatments, and refusing sick leave or retaliating against an employee who requests it could result in legal consequences. Legal claims may be pursued through Ontario’s Ministry of Labour or the Human Rights Tribunal of Ontario if an employer violates employee rights.

Employee Responsibilities and Rights on Sick Leave

Employees must notify their employer as soon as reasonably possible when taking sick leave. If an employer requires a doctor’s note, the request must be justified and proportional to the absence. It is no longer required to take up to three days of sick leave.

Employees facing employer non-compliance or unfair treatment due to taking sick leave may have options for recourse. For example, an employer who denies leave or penalizes an employee for requesting sick days may face claims related to human rights violations, especially if the request is tied to a disability under the Ontario Human Rights Code.

Seeking Legal Advice for Sick Days and Employment Rights

Both employers and employees benefit from understanding the legal landscape around sick leave. Employers can avoid legal risks by implementing clear, compliant sick leave policies and handling sick leave requests fairly. Employees, on the other hand, can safeguard their rights by understanding the ESA entitlements and available legal protections if disputes arise.

For any complex sick leave questions or disputes, consulting an employment lawyer offers critical guidance tailored to individual situations. Achkar Law’s team can help both employees and employers address sick leave concerns, minimizing risks and ensuring compliance with Ontario’s employment laws.

Contact Achkar Law

If you’re facing challenges related to sick days or have questions about your employment rights, Achkar Law is here to help. Our experienced team offers guidance to ensure that your workplace rights are respected and that legal risks are minimized.

Don’t Wait for Issues to Escalate

Schedule a confidential consultation with us today to discuss your specific concerns. Whether you’re an employer or an employee, Achkar Law is here to provide the support and representation you need to address Ontario’s employment laws with confidence.

Call us today toll-free: 1 (800) 771-7882.

Need Assistance with Paid Sick Days or Employment Standards?

If you are dealing with issues related to paid sick days or other employment standards, Achkar Law can help. Our team provides guidance tailored to your needs, ensuring compliance with relevant laws and addressing any concerns you may have.