Getting sick is an unavoidable part of life. No one knows when they have to leave all their work and take time off due to illness. But for people living in Ontario, things are different when it comes to sick days. People there often have these questions running through their minds -
So, we are here to answer all your questions. No matter if you are a full-time worker, doing part-time, or just working under a contract, it is crucial for you to understand your rights and obligations regarding sick days in Ontario. If you know what to expect during your hard days will help you to plan things without stress and you are sure to receive fair treatment.
That one question every employee has is – are sick days paid in Ontario? Unfortunately, the province does not have a law requiring employers to provide paid sick days to their employees. But some workplaces offer paid Ontario sick leave as a benefit, whereas others do not. Whether one is entitled to get paid leave or not is based on these factors -
We advise you to get in touch with your company’s HR to confirm if you can have access to paid sick leave.
| Did You Know? Ontario’s COVID-19 Paid Sick Days Program
Between April 2021 and March 2023, the Ontario government introduced the Paid Infectious Disease Emergency Leave (IDEL) program. This program provided up to three paid sick days for COVID-19-related reasons. During this period, employers were reimbursed by the government for these paid days. However, this program has expired, and as of now, paid sick leave is no longer legally required in Ontario. |
Under Ontario’s Employment Standards Act (ESA), provincially regulated employees are entitled to:
3 unpaid sick days Ontario per calendar year. These days can be used for personal illness, injury, or medical emergencies.
As per Ontario’s Employment Standards Act (ESA), all those employees who have completed working for at least two consecutive weeks for their employer can get three days of unpaid (job-protected) leave.
All employees including on full-time, part-time, or contract basis are entitled to get these leaves. The only thing you need is reasonable proof of your illness. It could be a doctor’s note as well.
Paid Sick Days: Employer Discretion
Unlike some provinces, Ontario does not require employers to offer paid sick days. However, many employers voluntarily provide paid sick leave to attract and retain employees. The amount of paid leave offered varies by employer and can be found in your employment contract or company policies.
If your employer provides paid sick days, they will usually outline:
This is one of the most common concerns for employees. And the short answer to this is - NO! An employer has no right to force his employees to use his/her vacation days when they are sick.
Sick leave and vacation days serve completely different purposes:
Since they are not the same, your employer does not have the right to deduct vacation days for the time you take off due to illness—unless you personally choose to use them.
If your employer tries to make you use vacation days instead of sick leave, here’s what you can do:
Knowing your rights as an employee is important. If you ever feel uncertain, don’t hesitate to ask for clarification from reputed law firms like Rutman & Rutman Professional Corporation and stand up for what’s fair!
You cannot be fired simply for taking the three unpaid sick days provided under Ontario’s Employment Standards Act (ESA). These days are job-protected, meaning your employer cannot legally terminate your employment just because you used them.
However, you have to note that — your employer can take action under the following scenarios:
Termination for Reasons Unrelated to Illness – Employers can legally terminate employees for reasons that have nothing to do with sick leave, such as company restructuring or downsizing. In such cases, this is considered termination without cause, and the employee is entitled to severance pay, which could be up to 24 months’ salary, depending on their length of service.
Illegal Terminations – If an employer fires an employee solely for taking sick leave, this may violate the ESA and the Ontario Human Rights Code. Employers must accommodate medical conditions unless doing so would cause undue hardship.
Excessive Absenteeism – If an employee frequently takes leave without proper justification or fails to provide medical documentation, an employer may take disciplinary action. However, any such actions must comply with employment laws and company policies.
If you suspect you have been unfairly dismissed due to illness, you may want to consult an employment lawyer from Rutman & Rutman Professional Corporation or contact the Ontario Ministry of Labour to explore your legal options.
There is no set limit on how many times you can call in sick before facing potential job consequences. However, frequent absenteeism without proper documentation or communication may lead to disciplinary action.
An employee has a full right to ask his employee to show him the documentation that confirms his Ontario sick days. But there are specific guidelines for them to do so:
The documentation should emphasize the following points:
It is illegal to retaliate against employees for taking sick leave, such as by terminating their employment, and doing so may lead to claims of constructive dismissal or violations of human rights.
If your employer refuses to grant you sick leave (especially the three unpaid days required by law), you have options:
Understanding your rights regarding sick days Ontario is crucial for ensuring fair treatment in the workplace. While the law provides three unpaid, job-protected sick days per year, paid sick leave depends on your employer’s policies. Knowing the difference between sick leave and vacation days, as well as what your employer can and cannot do, empowers you to make informed decisions.
Here are a few key takeaways:
If you ever feel that your rights are being violated, don’t hesitate to consult HR, reach out to the Ministry of Labour, or seek legal advice from trusted professionals like Rutman & Rutman Professional Corporation. Knowing your rights is the first step to protecting them!
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