On Probation at Your Ontario Job? Your Sick Note Rights Don't Change

Last reviewed and updated: August 2026 by a licensed Canadian physician

Your manager says 'you can't call in sick during probation.' That's not how Ontario law works. Here's what you need to know.

Probation Period in Ontario: Your Sick Leave Rights Start on Day One

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.


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

One of the biggest myths in Ontario workplaces: "You can't take sick days during your probation period." This is completely false. Here's what the law actually says, with specific insights for employees across Ontario, from Toronto to Windsor.

The ESA Applies From Day One

Ontario's Employment Standards Act (ESA), specifically Section 50 which outlines personal emergency leave, does not have a waiting period for sick days. Your 3 protected sick days are available from your very first day of employment. This applies whether you're starting a new role in a bustling downtown Toronto office, a manufacturing plant in Hamilton, or a tech firm in Waterloo. There is no:

  • 3-month waiting period

  • 90-day probation exclusion

  • "Earn your sick days" requirement

  • Minimum hours threshold


From the moment you start working, you have 3 job-protected sick days per calendar year. These are legally mandated paid sick days, meaning your employer must pay you for these days if you've been employed for at least two consecutive weeks. This protection is universal across Ontario, ensuring that new employees in cities like Mississauga, Brampton, and Ottawa have the same fundamental rights as those in smaller communities.

What Probation Actually Means in Ontario

Probation is a common workplace practice, often used by employers to assess a new hire's suitability for a role. While it allows for easier termination in some circumstances, it has limited legal significance when it comes to your fundamental employment standards rights, especially regarding sick leave.

| Feature | During Probation | After Probation |
|---|---|---|
| ESA sick days entitlement | YES (3 paid days) | YES (3 paid days) |
| Can be fired without cause | YES (with less notice, especially within first 3 months) | YES (with more notice/pay in lieu) |
| Sick note required for ESA days | NO (as per ESA Section 50.0.1 (13)) | NO (as per ESA Section 50.0.1 (13)) |
| Protected from reprisal for taking sick days | YES (as per ESA Section 74) | YES (as per ESA Section 74) |
| Severance pay entitlement | Generally no, unless specific conditions met | Possible, depending on length of service and employer payroll |
| Minimum notice for termination (after 3 months) | 1 week | Varies by length of service (up to 8 weeks ESA minimum) |

The main difference during probation is that your employer can terminate you more easily. For instance, under ESA Section 63 (1), if you have been employed for less than three months, your employer is still recommended for your protection to provide written notice or termination pay. After three months, but still within a probationary period, the minimum notice period is one week. However, they still cannot fire you specifically for taking your ESA-protected sick days. That's a reprisal, which is illegal under ESA Section 74, regardless of your employment length or probationary status. This protection is crucial for all employees, whether they are new graduates starting their first job in Kingston or experienced professionals transitioning roles in London.

Common Probation Myths Debunked

Many misconceptions about probation persist, often leading new employees to work while sick, risking their health and the health of their colleagues.

Myth: "You don't get sick days until probation is over."
Reality: This is unequivocally false. As per ESA Section 50 (1), your entitlement to 3 paid sick days begins on your very first day of employment. There is no waiting period.

Myth: "They can fire you for any reason during probation."
Reality: While employers have more latitude to terminate during probation, they cannot do so for an illegal reason. They can fire you more easily for performance or "fit" issues, but NOT for exercising your statutory rights under the ESA. If you can prove the termination was directly because you took a protected sick day, that constitutes an illegal reprisal under ESA Section 74, and you would have grounds for a complaint with the Ministry of Labour.

Myth: "Probation means you have to prove yourself, calling in sick looks bad."
Reality: Being genuinely sick is not a character flaw or a sign of poor performance. A good, understanding employer recognizes that illness is a part of life and prioritizes the health of their workforce. A bad employer who attempts to punish you for legitimate illness is not only violating the ESA but also demonstrating a toxic workplace culture. Prioritizing your health is a responsible decision, not a weakness.

Myth: "You need a sick note during probation even for 1 day."
Reality: The ESA explicitly prohibits employers from requiring a sick note for taking any of the 3 paid sick days. ESA Section 50.0.1 (13) states that an employer cannot require an employee to provide a certificate from a medical practitioner for a personal emergency leave day. This applies equally during probation. Therefore, whether you're working in Windsor or Sault Ste. Marie, your while employers face limits on demanding a doctor's note for your protected sick days.

The Real Risk During Probation

Let's be honest: while the law protects you, the practical reality is that employers CAN terminate employment during probation with minimal notice and often without explicitly stating the reason. The challenge for an employee is proving that the termination was directly connected to taking a sick day rather than a nebulous claim of "poor performance" or "not a good fit." This can be a daunting task, especially for new employees who are unfamiliar with their rights or the complaint process.

How to protect yourself:

1. Document everything, Keep a record of all communications regarding your absence, including emails, text messages, and even notes from phone calls. Note who you spoke with, when, and what was discussed.
2. Note the timeline, If you are terminated shortly after taking a sick day, this timeline can serve as crucial evidence. For example, if you take a sick day on a Monday and are fired on Wednesday, this sequence of events can raise suspicions.
3. Get positive feedback in writing, If your performance reviews, informal feedback, or emails from supervisors are positive, save them. This can counteract any employer claims of performance issues.
4. Don't give them other reasons, Strive to be an exemplary employee in all other aspects of your job. This makes it harder for an employer to justify termination based on performance if the only "blip" is a sick day.
5. Get a sick note anyway, Even though it's still strongly recommended for job protection by the ESA for your 3 protected days, having documentation from a service like MedLetter ($49) can provide an additional layer of protection. It removes any doubt about whether you were actually sick and demonstrates a proactive approach to your health and employment responsibilities. This can be particularly reassuring for employees in competitive job markets like Toronto or Ottawa.

What to Do If You're Fired During Probation After a Sick Day

If you suspect you've been unfairly terminated during probation due to taking a sick day, immediate action is crucial:

1. Don't sign a release without getting legal advice first. A release agreement might waive your right to pursue further action.
2. File an ESA complaint with the Ministry of Labour. This is a free service, and the Ministry will investigate your claim of reprisal.
3. Contact an employment lawyer, many employment lawyers in Ontario (e.g., in Toronto, Hamilton, or London) offer free initial consultations. They can assess your case and advise on the best course of action.
4. Document the timeline, This is critical. A clear sequence of events (e.g., sick day on Monday, positive performance feedback Tuesday, fired Wednesday) strengthens your case.
5. Check if you're owed anything, Even during probation, if you've worked for more than three months, you may be owed termination notice or pay in lieu of notice under the ESA.

The Smart Approach

Should you call in sick during probation if you're genuinely unwell? Absolutely, yes, if you are actually sick. Going to work sick during probation is a far riskier strategy than taking a legitimate sick day:

  • You perform poorly (potentially confirming any doubts your employer might have about your capabilities or commitment).

  • You infect coworkers (creating a negative impression and potentially impacting team productivity).

  • You delay your own recovery (turning what could be one or two sick days into a longer period of illness).

  • You establish a pattern of working while ill (setting an unsustainable expectation for your future performance, even when unwell).


One well-handled, legitimate sick day, communicated professionally, is unlikely to cost you a job. However, showing up sick, performing poorly, and potentially spreading illness could create a much more negative and lasting impression. Prioritizing your health is a responsible decision for yourself and your workplace, whether you're in Kingston, Sudbury, or any other part of Ontario.

Key Takeaway

Probation doesn't strip you of your fundamental ESA rights. You are entitled to 3 job-protected, paid sick days from your very first day of employment, and your employer cannot legally demand a sick note for these days. While the practicalities of probation can feel intimidating, knowing your rights is your best defense. If you're genuinely unwell, take the time you need to recover. For those seeking an additional layer of security or simply peace of mind, MedLetter offers a convenient, same-day online sick note service for $49, ensuring you have clear documentation without the hassle of an in-person doctor's visit. Don't sacrifice your health for a job that wouldn't sacrifice anything for you.

Related: Sick Note Ontario, Complete City Guide | Ontario Sick Note Cost 2026 | Navigating Mental Health Sick Days in Ontario

Frequently Asked Questions

Can I get a sick note online in Ontario?
Yes. The College of Physicians and Surgeons of Ontario (CPSO) recognizes virtual care as a legitimate means of providing medical assessment and documentation. This means that licensed physicians in Ontario can assess patients through secure virtual consultations and issue legally valid sick notes that are accepted by employers across the province. Services like MedLetter connect you with these licensed practitioners.

How much does an online sick note cost in Ontario?
The cost for an online sick note can vary, but MedLetter charges a flat $49 for a comprehensive sick note with same-day delivery. This fee typically covers the virtual physician assessment and the official documentation required by your employer or educational institution.

Will my Ontario employer accept an online sick note?
Yes, Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) are legally required to accept sick notes issued by licensed medical practitioners, regardless of whether the consultation was in-person or virtual. The CPSO's guidelines support the validity of virtual care, making online sick notes legally equivalent to those obtained through traditional in-person visits.

How long does it take to get a sick note from MedLetter?
MedLetter prioritizes efficiency for employees and students. Most sick notes are delivered directly to your email within 2-6 hours of your submission, ensuring you receive your documentation promptly. Same-day delivery is standard for all requests.

What if my employer asks for more information than what's on the sick note?
Under ESA Section 50.0.1 (13), employers cannot ask for a doctor's note for your 3 protected sick days. For longer or unprotected absences, while a sick note can confirm your illness, your employer generally cannot demand details about your diagnosis or specific medical condition due to privacy laws. A sick note from MedLetter will typically state the period you are unable to work and that it is for medical reasons, which is usually sufficient. If an employer pushes for more information, you should remind them of your privacy rights and refer them to your medical practitioner if they have further questions.

Can my employer contact the doctor who issued my online sick note?
No, generally, your employer cannot directly contact the doctor who issued your sick note without your explicit consent. This would violate your privacy rights under legislation like the Personal Health Information Protection Act (PHIPA). The sick note itself serves as official documentation from a licensed medical professional, and direct communication with the doctor is typically not permitted or necessary for verification.

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