Updated August 2026, Current Ontario ESA and CPSO telemedicine standards.
Ontario ESA Sick Note Rules: What the Employment Standards Act Actually Says
Ontario's sick leave rules are governed by the Employment Standards Act, 2000 (ESA) and its regulations, as amended by the Working for Workers Acts of 2022-2024. The ESA provides some of the strongest employee protections in Canada regarding sick notes, but many employers and employees do not fully understand them. This guide breaks down every relevant provision.
The Basic Framework: Sick Leave Under the ESA
Under Ontario's ESA, employees are entitled to:
- 3 unpaid sick days per year (ESA Section 50)
- Job protection during those sick days (cannot be terminated or penalized)
- No medical certificate required for ESA-protected sick days (Working for Workers Act, 2022)
- No requirement to find a replacement before taking sick leave
The most important rule: For the 3 sick days guaranteed under the ESA, employers cannot require a medical certificate. This was explicitly legislated in the Working for Workers Act, 2022 (Bill 88) and reinforced in subsequent amendments.
The "No Sick Note" Rule Explained in Detail
Ontario's ESA, Section 50.1, states that employers may only require "evidence reasonable in the circumstances" for sick leave. The Ontario government has clarified through policy guidance that:
- A medical certificate is not required for ESA-protected sick days (the 3 days)
- "Reasonable evidence" can be satisfied by a verbal or written statement from the employee
- The cost of any medical certificate cannot be imposed on the employee if the employer demands one beyond what is reasonable
- Employers who routinely require notes for every absence may be violating the spirit of the ESA
However, the practical reality: Many Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) still require sick notes through internal policies, employment contracts, or collective agreements. While this may not align with the ESA's intent for the first 3 days, enforcement depends on filing a complaint with the Ministry of Labour. Most employees choose to get the note rather than fight the policy.
What Employers CANNOT Do in Ontario
Ontario's ESA and Human Rights Code prohibit employers from:
| Prohibited Action | Legal Basis | Consequence |
|-------------------|-------------|-------------|
| Requiring a note for ESA-protected sick days | ESA s.50.1 + Working for Workers Act | Ministry of Labour complaint |
| Demanding disclosure of diagnosis | Human Rights Code | OHRT complaint + damages |
| Refusing legitimate medical certificate | ESA + CPSO guidelines | Ministry of Labour complaint |
| Retaliating for taking sick leave | ESA s.74 (reprisal) | Reinstatement + compensation |
| Requiring you to find a replacement | ESA s.50(3) | Ministry of Labour complaint |
| Counting sick days in performance reviews | ESA s.74 (indirect reprisal) | Ministry of Labour complaint |
| Terminating for using protected leave | ESA s.74 | Reinstatement + lost wages |
| Requiring a specific doctor | Human Rights Code | OHRT complaint |
What Employers CAN Legally Do
The ESA permits employers to:
1. Request "evidence reasonable in the circumstances", but not necessarily a doctor's note for short absences
2. Implement attendance management programs, with reasonable thresholds and accommodation
3. Require documentation for extended absences, beyond ESA minimums (4+ days)
4. Set internal policies through employment contracts, but cannot override ESA minimums
5. Require fitness-for-duty clearance, after extended absences (reasonable accommodation required)
6. Track attendance patterns, and address chronic absenteeism through progressive discipline
7. Require documentation under collective agreements, where the agreement provides greater benefits than ESA
Unionized Workplaces in Ontario: Collective Agreement Provisions
Ontario's major unions have varying collective agreement provisions that often exceed ESA minimums:
| Union | Typical Paid Sick Days | Documentation Threshold | Common Sectors |
|-------|----------------------|------------------------|----------------|
| OPSEU | 6-12 days/year | 3+ consecutive days | Government, colleges |
| CUPE | 6-18 days/year | Varies by local | Municipal, education, healthcare |
| ONA | 6-12 days/year | 3+ consecutive shifts | Nurses, healthcare |
| UNIFOR | Per employer agreement | Per employer policy | Manufacturing, auto, media |
| USW | 5-10 days/year | 3+ consecutive days | Steel, mining, manufacturing |
| UFCW | 3-8 days/year | 3+ consecutive days | Retail, food processing |
| ETFO/OSSTF | 11 days/year | 5+ consecutive days | Teachers |
| AMAPCEO | 6 days/year | 3+ consecutive days | Ontario public service (professional) |
Key principle: Where a collective agreement provides greater benefits than the ESA (more paid sick days), the collective agreement's documentation requirements apply. You get more days, but you must document them.
The Ontario Human Rights Code: Disability Protections
The Ontario Human Rights Code adds significant protections beyond the ESA:
- Disability (physical, mental, learning, addiction) is a protected ground
- Employers have a duty to accommodate up to the point of undue hardship
- Disability-related absences cannot be used in progressive discipline
- Termination for disability-related absenteeism without accommodation = discrimination
- The Ontario Human Rights Tribunal (OHRT) can award significant damages ($10,000-$50,000+)
- Mental health conditions (depression, anxiety, PTSD) are explicitly included
Practical implication: If your absences are related to a disability, your employer must accommodate you. A sick note that references a medical condition (without disclosing the specific diagnosis) triggers the duty to accommodate.
The WSIB vs. Sick Note Distinction
For Ontario workers, it is critical to distinguish between:
| Situation | Correct Process | Wrong Process |
|-----------|----------------|---------------|
| Work-related injury | WSIB Form 6 | Sick note |
| Non-work illness | Sick note / ESA leave | WSIB claim |
| Occupational disease | WSIB claim | Sick note |
| Mental health (work-caused) | WSIB + sick note | Just sick note |
| Car accident (commuting) | WSIB (if work-related) + auto insurance | Just sick note |
Never use a sick note for a work-related condition, you lose WSIB benefits (wage replacement at 85% of net earnings, full medical coverage, rehabilitation services).
The Working for Workers Act Timeline
Ontario's sick note landscape has evolved significantly:
| Year | Legislation | Key Change |
|------|-------------|------------|
| 2000 | ESA enacted | Basic sick leave framework |
| 2018 | Bill 148 | 2 paid sick days (later repealed) |
| 2019 | Bill 47 | Paid days repealed, 3 unpaid days |
| 2022 | Working for Workers Act (Bill 88) | Cannot require note for ESA days |
| 2023 | Working for Workers Act 2 (Bill 79) | Strengthened protections |
| 2024 | Working for Workers Act 4 (Bill 190) | Additional enforcement |
Filing a Complaint: Step-by-Step
If your Ontario employer violates the ESA:
1. Document the violation, save all communications (emails, texts, policies)
2. Contact the Ministry of Labour, 1-800-531-5551 or online
3. File a complaint, within 2 years of the violation (online or by phone)
4. Employment Standards Officer investigates, employer must respond
5. Resolution, order to comply, compensation, or referral to OHRT
For human rights violations (disability discrimination):
1. File with the Ontario Human Rights Tribunal, within 1 year
2. Mediation offered, many cases settle at this stage
3. Hearing, if mediation fails, full hearing with potential damages
Key Takeaway
Ontario's ESA is clear: for the 3 sick days, no medical certificate can be required. For absences beyond ESA minimums, employers can request "reasonable evidence", which a note from any CPSO-registered physician (including online telehealth) satisfies completely. If your employer demands notes for every absence, refuses legitimate documentation, or retaliates for taking sick leave, they may be violating the ESA and you have legal recourse.
New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time.
Related: Sick Note Ontario, Complete City Guide | Ontario Sick Note Cost 2026 | Ontario Sick Note Laws for Employers
Frequently Asked Questions
How many sick days do Ontario employees get under the ESA?
The ESA provides 3 unpaid sick days per calendar year after 2 consecutive weeks of employment. Many employers and collective agreements provide additional paid sick days beyond this minimum.
Can my Ontario employer require a sick note for one day?
For ESA-protected sick days (the 3 days), no, the Working for Workers Act explicitly prohibits this. For absences beyond ESA minimums, employers may request "reasonable evidence," which can include a medical certificate.
Do I get paid sick days in Ontario?
The ESA itself provides 3 unpaid days. Paid sick days depend on your employer's policy, employment contract, or collective agreement. Many unionized workplaces provide 6-18 paid sick days per year.
Can my employer fire me for taking sick days in Ontario?
No. Taking ESA-protected sick leave cannot be grounds for termination (ESA s.74, reprisal protection). However, excessive absences beyond protected leave may be addressed through progressive discipline if properly documented by the employer.
What is "reasonable evidence" under the ESA?
The Ministry of Labour has indicated that "reasonable evidence" can include a written statement from the employee, a medical certificate, or other documentation. It does not automatically mean a doctor's note is required.
Can I file a complaint anonymously?
Ministry of Labour complaints are not anonymous, your employer will know you filed. However, the ESA prohibits retaliation for filing a complaint, and the Ministry can order reinstatement if you are terminated in reprisal.
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Sources: Ontario Employment Standards Act, 2000 (ESA, s.50), Ontario Human Rights Code (s.17), Accessibility for Ontarians with Disabilities Act (AODA). Last verified: August 2026.
Ready to get your sick note? New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time. — delivered same-day by a licensed Canadian physician.
GTA Commuters
If you commute on the GO Train from Oshawa, Barrie, or Hamilton to Union Station, taking a sick day means losing a full day just to get a doctor's note. MedLetter eliminates that problem — submit from your couch, get your note by email, and forward it to HR before your shift would have started. Works for TTC, MiWay, YRT, and Durham Transit riders too.
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 in 2 minutes, receive your note by email. Valid for employers, universities, and insurance across Ontario.