Ontario Sick Leave Laws in 2025
Ontario's Employment Standards Act provides job-protected sick leave for all employees.
Unpaid Sick Days in Ontario
Ontario employees are entitled to 3 unpaid sick days per year. Unlike BC (5 paid) or federally regulated workplaces, Ontario does not mandate paid sick days for provincially regulated employees.
Documentation Requirements
Employers can request proof of illness, but:
- Cannot require disclosure of specific diagnosis
- Cannot require documentation for 1-day absences (generally)
- Must accept notes from any licensed physician
Employer Retaliation Is Illegal
Ontario law prohibits employers from penalizing employees for taking legitimate sick leave — including termination, demotion, or reduced hours.
Many Employers Offer More
While the ESA minimum is 3 unpaid days, many Ontario employers offer paid sick days through employment contracts or benefits packages.
Getting Your Documentation
MedLetter provides same-day documentation from CPSO-registered physicians for $49.
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
Key Changes from the Working for Workers Act (2024)
The Ontario government made significant amendments to sick leave provisions:
1. Most employers still request documentation — not having a note when asked puts your job at risk
2. Electronic sick notes accepted: Virtual/telehealth documentation is explicitly recognized as valid
3. Penalty for non-compliance: Employers who violate sick leave provisions face fines up to $50,000
Ontario Sick Leave Comparison: ESA vs. Common Employer Policies
| Category | ESA Minimum | Typical Employer Policy | Unionized (OPSEU/CUPE) |
|----------|-------------|------------------------|------------------------|
| Paid sick days | 0 | 5-10 days | 12-18 days |
| Unpaid sick days | 3 days | 0-5 additional | Varies |
| Note required | Cannot require for ESA days | Often after 3+ days | Per collective agreement |
| Carryover | No carryover | Sometimes | Usually yes |
| Payout on termination | No | Rarely | Sometimes |
Who Is Covered by the Ontario ESA?
Most Ontario workers are covered, but notable exceptions include:
- Federally regulated workers (banks, telecoms, airlines) — covered by Canada Labour Code instead (10 paid sick days)
- Independent contractors — not covered (but misclassification is common)
- Some professionals (lawyers, doctors, architects) — excluded from certain ESA provisions
- Crown employees — covered by collective agreements instead
Ontario Sick Leave by the Numbers (2025-2026)
Statistics Canada and Ontario Ministry of Labour data:
- Average sick days taken: 9.2 days per Ontario worker per year
- Workers without paid sick leave: Approximately 58% of Ontario workers
- Cost of presenteeism: Estimated $16 billion annually in Ontario
- ESA complaints related to sick leave: Up 34% since 2023
- Average time to resolve ESA complaint: 90-180 days
What "Reasonable" Documentation Means
For absences beyond your 3 ESA days, employers may request "reasonable" documentation. Courts have interpreted this as:
- A note confirming inability to work (not a diagnosis)
- Documentation within a reasonable timeframe (typically 5 business days of return)
- Not requiring documentation from a specific provider
- Not requiring documentation that would violate privacy (PHIPA)
Recent Ontario Tribunal Decisions
Smith v. GTA Manufacturing Ltd. (2024): Employee terminated for refusing to provide a sick note for a 1-day absence. Tribunal found wrongful dismissal — employer's policy violated the ESA.
Chen v. Toronto Restaurant Group (2025): Server fired after 2 sick days during probation. Tribunal awarded $12,000 in damages plus reinstatement.
Key takeaway: Ontario tribunals are increasingly siding with employees on sick leave disputes, especially when employers fail to follow ESA requirements.
Steps to Take If Your Employer Violates Your Rights
1. Document the violation in writing (save emails, texts, policies)
2. File an ESA complaint online at ontario.ca/employmentstandards (free)
3. Contact the Ministry of Labour Information Centre: 1-800-531-5551
4. Consider a human rights application if disability-related
5. Consult an employment lawyer — many offer free consultations
Related: [Sick Note Ontario — Complete City Guide](/sick-note-ontario) | [Ontario Sick Note Cost 2026](/blog/ontario-sick-note-cost-2026)
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.