Can You Take Sick Days During Probation in Ontario?
Being on probation doesn't mean you have no rights. Here's what Ontario law says about sick leave during your probationary period.
## Can You Take Sick Days During Probation in Ontario?
Starting a new job is stressful enough without worrying about what happens if you get sick. Here's what Ontario law says about sick leave during probation.
### Your Legal Rights
Under the Ontario ESA:
- **3 unpaid sick days** are available from day one (no waiting period)
- Your employer **cannot require a medical note** for these 3 days
- The **Working for Workers Act** protects you from retaliation
The **Ontario Human Rights Code** protects you from day one:
- You cannot be fired for a legitimate illness (this is disability discrimination)
- Your employer must accommodate your medical needs
- Probation does not remove your human rights protections
### The Reality of Probation
While you have legal protections, the practical reality is:
- Employers can terminate without cause during the first 3 months (no notice required)
- After 3 months, they need to provide notice or pay in lieu
- But they still **cannot terminate for discriminatory reasons** (including illness) at any time
### Best Practices During Probation
1. **Get documentation** — A sick note protects you legally
2. **Communicate early** — Notify your employer as soon as possible
3. **Know your rights** — If terminated after a sick day, consult an employment lawyer
### How MedLetter Helps
Having a proper sick note during probation is extra important — it proves your absence was legitimate.
**Get a sick note — [Start here](/get-started/sick_note)**