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)

  • Most employers still request documentation for any absence — protect yourself

  • 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.

Ontario Employment Standards: Your Rights

Under Ontario's Employment Standards Act, 2000 (ESA), employees are entitled to 3 unpaid sick days per year (some employers offer paid days). Important provisions:

  • Employers cannot require a doctor's note for ESA-protected sick days as of January 2024 (Working for Workers Act amendments)

  • The Ontario Human Rights Code requires employers to accommodate medical conditions to the point of undue hardship

  • Federally regulated employees in Ontario get 10 paid sick days under the Canada Labour Code

  • Many Ontario employers still request notes as a matter of company policy (distinct from legal requirement)


Statistics: Healthcare Access in Ontario

According to Ontario Health and Statistics Canada (2025-2026):

  • 2.3 million Ontarians lack a regular family doctor or nurse practitioner

  • Average emergency room wait time in Ontario: over 4 hours for non-urgent cases

  • Walk-in clinic wait times in the GTA: 1.5-3 hours on average

  • Ontario has the lowest physician-to-population ratio of any large province


Practical Steps for Ontario Employees

1. Know the ESA - Your employer cannot penalize you for taking your 3 statutory sick days
2. Check your employment contract - Many Ontario employers offer 5-10 paid sick days beyond the ESA minimum
3. Unionized workers - OPSEU, CUPE, and Unifor contracts typically provide 12-18 paid sick days annually
4. Document everything - Keep a record of when you called in and who you spoke to
5. Accommodation requests - If you have a chronic condition, consider requesting formal workplace accommodation under the OHRC

When a Sick Note May Not Be Required

While Ontario law has specific rules, most employers still require documentation. Here's when you need to protect yourself:

  • Your 3 annual ESA sick days (Working for Workers Act, 2024)

  • Family responsibility leave (up to 3 days)

  • Bereavement leave (up to 2 days)

  • Domestic or sexual violence leave

Understanding Mental Health Documentation

Mental health conditions are legitimate medical reasons for workplace absence. The Canadian Mental Health Association reports:

  • 1 in 5 Canadians experiences a mental health condition in any given year

  • Mental health conditions account for approximately 30% of short-term disability claims

  • Anxiety and depression are the most common reasons for mental health-related work absences

  • Early intervention and appropriate time off can prevent longer-term disability


What a Mental Health Sick Note Covers

A physician can document:

  • Inability to perform job duties due to mental health symptoms

  • Recommended duration of absence

  • Any workplace modifications needed upon return

  • Referral recommendations (without disclosing specific diagnosis to employer)


Your employer is not entitled to know your specific diagnosis. The note only needs to confirm you have a medical condition that prevents you from working.

Related: [Sick Note Ontario — Complete City Guide](/sick-note-ontario) | [Ontario Sick Note Cost 2026](/blog/ontario-sick-note-cost-2026)

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.