How Many Sick Days Are You Entitled to in Ontario? (2026)

How Many Sick Days Are You Entitled to in Ontario? (2026)

Ontario's sick leave entitlements are set by the Employment Standards Act. Here's your complete guide for 2026.

Your Statutory Entitlements

Under the Ontario ESA:

| Type | Days | Pay | Note Required? |
|------|------|-----|---------------|
| Sick days | 3 per year | Unpaid | No (Working for Workers Act) |
| Family responsibility | 3 per year | Unpaid | No |
| Bereavement | 2 per year | Unpaid | No |

Key Rules

1. Eligibility — You must have been employed for at least 2 consecutive weeks
2. No note required — Working for Workers Act (2022) prohibits employers from requiring medical notes for ESA days
3. Job protection — You cannot be penalized for using these days
4. No carryover — Unused days don't carry over
5. No payout — Unused sick days are not paid out on termination

Beyond the ESA Minimum

Many Ontario employers offer more than the minimum:

• Federal employees: 10 paid sick days (Canada Labour Code)


• Ontario government: 15+ paid sick days


• Tech companies: Often unlimited (with manager approval)


• Union workplaces: Varies by collective agreement (often 10-15 days)


• Healthcare: Typically 12-15 paid days


• Banks/finance: Often 10-15 paid days

When You've Used All Your Days

If you've exhausted your ESA entitlement:

• Employer-provided days: Check if your employer offers additional paid sick days


• Short-term disability: Through your employer's benefits plan


• EI sickness benefits: Up to 26 weeks at 55% of earnings


• WSIB: For work-related illness/injury


• Duty to accommodate: Under the Ontario Human Rights Code

Documentation Tips

• ESA days (1-3): No note required by law


• Beyond ESA: Check your employer's policy


• Extended absence: Return-to-work clearance usually needed


• WSIB claims: Specific forms required

What Employers Need to Know

Canadian employment law balances employer interests with employee privacy:

• Employers can request confirmation of illness but not specific diagnoses


• The note should state: dates of absence, that the employee was/is unfit for duties, and expected return date


• Employers cannot contact the physician directly without employee consent


• Requiring a note for every single-day absence may constitute harassment in some jurisdictions

Cost Considerations for Employers

• Walk-in clinic notes cost employees $20-50 and require 2-4 hours away from work


• Virtual sick notes reduce time away from work to minutes


• Some employers reimburse sick note costs as a best practice


• The cost of replacing a sick employee for a day far exceeds the cost of documentation

Frequently Asked Questions

How many sick days do Ontario employees get?
Under the Employment Standards Act (ESA), most Ontario employees are entitled to 3 days of unpaid sick leave per calendar year after 2 consecutive weeks of employment.

Can my Ontario employer require a sick note?
Yes. Ontario employers can request a sick note as evidence of illness, though the ESA does not specify when this requirement kicks in.

Do I get paid sick days in Ontario?
The ESA provides 3 unpaid sick days. Paid sick days depend on your employer's policy or collective agreement.

Can my employer fire me for taking sick days in Ontario?
No. Taking ESA-protected sick leave cannot be grounds for termination. However, excessive absences beyond protected leave may be addressed through progressive discipline.