Can Employer Fire You for Calling in Sick Ontario

In Ontario, employers generally cannot fire you for taking legitimate sick leave. Learn your protections and how proper documentation safeguards your position.

Updated August 2026, Current Ontario ESA and CPSO telemedicine standards.

Yes, Canadian employers can request a sick note, but provincial rules vary. MedLetter provides same-day physician documentation for $49 that satisfies employer requirements across all provinces — delivered by email, no clinic visit needed.

Need a sick note in Ontario? MedLetter provides official physician-signed documentation for $49 with same-day delivery. No walk-in clinic visit needed — submit in 2 minutes, receive your note by email. Valid for employers, universities, and insurance across Ontario.

Need a sick note in Ontario? MedLetter provides official physician-signed documentation for $49 with same-day delivery. No walk-in clinic visit needed — submit your request in 2 minutes and receive your note by email. Valid for employers, universities, and insurance across Ontario.

Short Answer: Generally No

In Ontario, employers cannot fire you simply for taking legitimate sick leave. However, the intersection of employment law, company policy, and medical documentation can be complex. Understanding your rights under the Employment Standards Act (ESA) and the Ontario Human Rights Code is crucial for protecting your job when illness strikes.

When Termination for Illness Is Illegal

Ontario law provides robust protections for employees dealing with health issues. It is generally illegal for an employer to terminate your employment in the following scenarios:

Using statutory sick days under the ESA: You are legally entitled to take these days without fear of reprisal.

Having a disability that requires accommodation: The Ontario Human Rights Code mandates that employers accommodate disabilities, including chronic illnesses, to the point of undue hardship.

Taking leave for a legitimate medical condition: Whether it's a short-term illness or a longer recovery period, legitimate medical leaves are protected.

Filing a WSIB claim: If your illness or injury is work-related, the Workplace Safety and Insurance Board (WSIB) provides protections against termination related to the claim.

When Termination May Be Legal

While protections exist, there are specific circumstances where an employer may legally terminate an employee who is absent due to illness:

Absent without notification (job abandonment): Failing to inform your employer of your absence can be grounds for termination.

Exhausted all leave and cannot return for an extended period (frustration of contract): If an illness prevents you from ever returning to work, the employment contract may be considered frustrated.

Dishonest about illness: Providing false information or fraudulent medical documentation is a serious breach of trust and grounds for dismissal.

Absence creates genuine undue hardship: In rare cases, if an employee's prolonged absence creates an insurmountable burden on the business, termination might be legally permissible, though this is a high threshold to meet.

How Documentation Protects You

A proper sick note creates a paper trail proving absences were legitimate medical leave, making any termination potentially wrongful. Medical documentation from a registered healthcare professional serves as objective evidence of your inability to work, shifting the burden of proof and protecting your employment status.

What to Do If You're Threatened

If your employer threatens termination due to illness, take immediate action:
1. Document everything: Keep detailed records of all communications, including emails, text messages, and notes from verbal conversations.
2. Get a sick note: Obtain medical documentation immediately to validate your absence.
3. Contact the Ontario Ministry of Labour: They can provide guidance on your rights under the ESA.
4. Consider consulting an employment lawyer: Legal advice can be invaluable if you believe your rights have been violated.
MedLetter provides same day sick notes that serve as legal documentation, helping you secure the proof you need quickly.

Ontario Employment Standards: Your Rights

Under Ontario's Employment Standards Act, 2000 (ESA), employees are entitled to 3 unpaid sick days per year (some employers offer paid days). Important provisions:

Employers cannot require a doctor's note for ESA-protected sick days as of January 2024 (Working for Workers Act amendments).

The Ontario Human Rights Code requires employers to accommodate medical conditions to the point of undue hardship.

Federally regulated employees in Ontario get 10 paid sick days under the Canada Labour Code.

Many Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) still request notes as a matter of company policy (distinct from legal requirement).

Local Context: Ontario Employers

Different employers handle sick leave differently. Large organizations like Shopify, TD Bank, RBC, and the Ontario Public Service often have comprehensive HR policies and may offer more generous sick leave benefits than the ESA minimums. Conversely, shift-based or hourly roles at places like TTC, OPG, or Amazon warehouses might have stricter attendance policies where documentation becomes critical, even if the ESA says a note is still recommended for the first three days.

Statistics: Healthcare Access in Ontario

According to Ontario Health and Statistics Canada (2025-2026):

2.3 million Ontarians lack a regular family doctor or nurse practitioner.

Average emergency room wait time in Ontario: over 4 hours for non-urgent cases.

Walk-in clinic wait times in the GTA: 1.5-3 hours on average.

Ontario has the lowest physician-to-population ratio of any large province.

Practical Steps for Ontario Employees

1. Know the ESA - Your your employer faces consequences for penalizing you for taking your 3 statutory sick days.
2. Check your employment contract - Many Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) offer 5-10 paid sick days beyond the ESA minimum.
3. Unionized workers - OPSEU, CUPE, and Unifor contracts typically provide 12-18 paid sick days annually.
4. Document everything - Keep a record of when you called in and who you spoke to.
5. Accommodation requests - If you have a chronic condition, consider requesting formal workplace accommodation under the OHRC.

When a Sick Note May Not Be Required

Under Ontario law, while the ESA provides some protection for short absences, smart employees still get documentation for:

Your 3 annual ESA sick days (Working for Workers Act, 2024)

Family responsibility leave (up to 3 days)

Bereavement leave (up to 2 days)

Domestic or sexual violence leave

Urgent Scenarios: When You Need a Note NOW

Life doesn't always happen during business hours. You might find yourself in an urgent situation where you need a sick note immediately:

Boss demanding a note by tomorrow: You wake up sick, call in, and your manager insists on a note before your next shift.

Called in sick without one: You took a day off assuming you'd recover, but now HR is asking for documentation for your file.

Weekend/evening illness: You fall ill on a Saturday night or a statutory holiday when most walk-in clinics in Toronto, Ottawa, or Mississauga are closed.

In these high-stress situations, New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time. can save you from spending hours in an ER waiting room just for paperwork.

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.

Comparing Sick Note Options in Ontario

| Option | Average Cost | Time Required | Convenience | Best For |
|---|---|---|---|---|
| Family Doctor | Free - $30 | Days to weeks (appointment wait) | Low | Ongoing, complex medical issues |
| Walk-in Clinic | $20 - $50 | 2 - 4 hours | Medium | Non-urgent issues during business hours |
| Emergency Room | $20-50 (note fee) | 4 - 8+ hours | Very Low | True medical emergencies only |
| MedLetter (Online) | $49 | Minutes to apply, same-day delivery | High | Urgent notes, minor illnesses, weekends |

Frequently Asked Questions

Can I get a sick note online in Ontario?
Yes. CPSO-licensed physicians can assess patients through virtual consultations and issue legally valid sick notes accepted by Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies).

How much does an online sick note cost in Ontario?
MedLetter charges a flat $49 for a sick note with same-day delivery. This includes the physician assessment and official documentation.

Will my Ontario employer accept an online sick note?
Yes. The College of Physicians and Surgeons of Ontario recognizes virtual care. Online sick notes are legally equivalent to in-person notes.

How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2-6 hours of submission. Same-day delivery is standard.

What if my employer in Brampton (Bramalea, Heart Lake, Springdale, and surrounding areas) or Hamilton refuses my online sick note?
As long as the note is issued by a licensed medical professional (like a CPSO-registered physician), employers must generally accept it as valid medical documentation. If they refuse, they may be violating the Ontario Human Rights Code or the ESA. You can contact the Ministry of Labour or the Ontario Human Rights Tribunal for assistance.

Can my employer fire me if I'm sick during my probationary period?
While employers have more leeway to terminate employees without cause during a probationary period, they still cannot fire you because of an illness or disability. Doing so would violate the Ontario Human Rights Code. However, proving the termination was due to illness rather than performance can be challenging.

Do I need a sick note if I work remotely in Kitchener or London?
Yes, the rules generally apply regardless of your work location. If your employer's policy requires a sick note for absences exceeding a certain number of days, you will still need to provide one, even if you work from home.

Can Your Ontario Employer Fire You for Calling in Sick?