Can You Take Sick Days During Probation in Ontario?

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

Being on probation doesn't mean you have no rights. Here's what Ontario law says about sick leave during your probationary period.

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


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 (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) 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 your employer faces consequences for penalizing you for taking your 3 statutory sick days
2. Check your employment contract - Many Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies) 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.

Navigating Sick Leave Across Ontario Cities and Employers

The experience of taking a sick day during probation can vary significantly depending on where you live and who you work for in Ontario. For instance, employees at large corporate offices in Toronto, such as TD Bank or RBC, often have access to comprehensive HR portals where they can upload their documentation securely. In contrast, workers in fast-paced environments like Amazon warehouses in Brampton (Bramalea, Heart Lake, Springdale, and surrounding areas) or Mississauga might face more immediate pressure to provide proof of illness to their shift supervisors.

If you are employed by the Ontario Public Service (OPS) or major public entities like the TTC or OPG, you may have union representation that provides additional layers of protection during your probationary period. However, even in these structured environments, providing a valid medical certificate is often a standard requirement to access sick leave benefits. In cities like Ottawa, Hamilton, London, Kitchener, and Windsor, accessing a walk-in clinic can be challenging, especially during peak flu seasons or on weekends. This makes online services like MedLetter an invaluable resource for securing a sick note without the hassle of long wait times.

The Urgency of Getting a Sick Note

There are many scenarios where obtaining a sick note becomes an urgent necessity, especially when you are still in your probationary period. Imagine waking up on a Sunday evening with a severe fever, knowing you have an early shift on Monday. Most walk-in clinics are closed, and the emergency room is not appropriate for a common illness. Yet, your boss is demanding a note by tomorrow morning to justify your absence.

Or perhaps you already called in sick without a note, and your manager has informed you that you need to provide one upon your return to avoid disciplinary action. In these high-stress situations, the last thing you want to do is spend hours waiting in a crowded clinic while feeling unwell. MedLetter provides a fast, reliable solution, allowing you to get a CPSO-registered physician's note from the comfort of your home, ensuring you meet your employer's deadlines and protect your job. New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time..

Comparing Your Options for Getting a Sick Note in Ontario

When you need a sick note quickly, especially during probation, understanding your options is crucial. Here is a comparison of the typical routes available to Ontario residents:

| Option | Average Cost | Time Required | Convenience | Best For |
|---|---|---|---|---|
| MedLetter Online Service | $49 (Flat Rate) | Same-day delivery (2-6 hours) | High (From home) | Urgent needs, weekends, avoiding clinic wait times |
| Walk-in Clinic | $20 - $50+ (Not covered by OHIP) | 1.5 - 4 hours (Wait time + travel) | Low (Requires travel and waiting) | When you also need a physical examination |
| Family Doctor | $20 - $40+ (Not covered by OHIP) | Days to weeks (Appointment needed) | Medium (Requires appointment) | Ongoing chronic conditions, long-term disability |
| Emergency Room | Free (Covered by OHIP) | 4 - 8+ hours | Very Low (High stress, long waits) | True medical emergencies only |

As you can see, for a standard sick note required by an employer, an online service offers the most efficient and predictable solution, particularly when time is of the essence.

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 Ontario employers (including Shopify, TD Bank, RBC, Amazon, Loblaws, and government agencies).

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.

What if my employer refuses to accept my online sick note?
Under Ontario law and CPSO guidelines, a valid medical certificate from a licensed physician must be accepted, regardless of whether the consultation was virtual or in-person. If your employer refuses, you may have grounds to file a complaint with the Ministry of Labour or the Ontario Human Rights Tribunal, especially if you are facing termination during probation.

Can I get a sick note retroactively if I was too sick to get one yesterday?
Yes, in many cases, a physician can issue a sick note that covers a recent past absence if your symptoms and history align with your request. However, it is always best to request the note as soon as possible to ensure your employer receives it promptly.

Does WSIB cover the cost of a sick note?
If your illness or injury is work-related, the Workplace Safety and Insurance Board (WSIB) may cover the cost of medical forms. However, for standard sick notes required by an employer for non-work-related illnesses, the cost is typically the responsibility of the employee, as these are not covered by OHIP.

Related: Sick Note Ontario, Complete City Guide | Ontario Sick Note Cost 2026 | Understanding the Working for Workers Act

See Also