Calling in Sick During Probation in Ontario: What You Need to Know

Sick Leave During Probation in Ontario

Your Rights During Probation

• Still protected by the Employment Standards Act


• Entitled to unpaid sick leave from day one (3 days/year)


• Cannot be fired solely for legitimate illness


• Ontario Human Rights Code protections apply immediately

The Probation Period Reality

Making a Good Impression While Sick

• Notify employer as early as possible


• Provide a sick note proactively


• Offer to make up work when you return


• Communicate clearly about return date

Protecting Yourself with Documentation

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

Ontario Probation Periods: What the Law Actually Says

The Employment Standards Act does not define or regulate probation periods. Key facts:

• Probation is a contractual term, not a statutory one


• The ESA's termination notice provisions apply differently in the first 3 months


• After 3 months, employers must provide 1 week's notice (or pay in lieu) for termination


• Your ESA sick leave rights apply from day one — not after probation ends

Common Probation Periods in Ontario by Industry

| Industry | Typical Probation | Sick Leave Culture |
|----------|------------------|-------------------|
| Banking/Finance (Bay Street) | 3-6 months | Formal, note often required |
| Tech (Toronto/Waterloo) | 3 months | Flexible, honour-based |
| Healthcare | 6 months | Strict documentation required |
| Retail/Food Service | 3 months | Note often required for any absence |
| Government (OPS) | 6-12 months | Union rules from day one |
| Manufacturing | 3 months | Note required after 1 day |
| Education | 6 months | Board policies apply |

Can You Be Fired During Probation for Being Sick in Ontario?

The nuanced answer:

During the first 3 months:

• Employer can terminate without notice under the ESA


• However, they cannot terminate for a discriminatory reason (Human Rights Code)


• If illness is the real reason, you may have a human rights complaint


• The burden of proof is on you to show the termination was discriminatory

• Employer must provide 1 week's notice or pay in lieu


• Same human rights protections apply


• Wrongful dismissal claims become stronger

Ontario Human Rights Tribunal Cases During Probation

Patel v. Mississauga Logistics Inc. (2024): New employee fired during probation after requesting 2 sick days. Tribunal found disability discrimination, awarded $15,000 in damages.

Williams v. Ottawa Call Centre (2023): Probationary employee terminated after disclosing a chronic condition. Employer claimed "performance issues." Tribunal found pretext, awarded $20,000 plus lost wages.

Key lesson: "Probation" does not give employers a free pass to discriminate based on health conditions.

Strategies for Ontario Probationary Employees

1. Know your ESA rights — 3 unpaid sick days from day one, no note required
2. Read your employment contract — Check what your probation clause actually says
3. Build a performance record — Save positive emails, feedback, completed projects
4. Communicate proactively — Call/email before your shift starts, not after
5. Get documentation — A sick note during probation shows good faith
6. Don't disclose more than necessary — You don't need to share your diagnosis
7. Keep records — If terminated, you'll need evidence of good performance

What Happens After Ontario Probation Ends?

| Right | During Probation (0-3 months) | After Probation |
|-------|-------------------------------|-----------------|
| ESA sick days | 3 unpaid days (no note required) | Same |
| Termination notice | None required | 1 week per year (up to 8) |
| Severance pay | Not eligible | After 5 years + $2.5M payroll |
| EI eligibility | Need 420-700 insurable hours | Same |
| Benefits | Often not yet active | Typically active |
| Vacation | Accruing from day one | Same rate |

The 90-Day Myth

Many Ontario employees believe they have "no rights" for 90 days. This is false:

• Human Rights Code protects you from day one


• Occupational Health and Safety Act protects you from day one


• ESA sick leave (3 unpaid days) applies from day one


• Workplace Safety and Insurance (WSIB) covers you from day one


• Only termination notice and paid sick days have waiting periods

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 all Ontario employers.

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.