Do Part-Time Workers Have the Same Sick Note Rights?
Yes. In every Canadian province, employment standards legislation applies equally to part-time and full-time employees. Your employer cannot impose stricter sick note requirements on you simply because you work part-time.
This is a common misconception. Many part-time workers believe they have fewer protections, but the law is clear: if you are an employee (not an independent contractor), you have the same rights regardless of hours worked.
Provincial Sick Leave Rights for Part-Time Workers
| Province | Paid Sick Days | Unpaid Protected Days | Applies to Part-Time? |
|----------|---------------|----------------------|----------------------|
| Alberta | 3 days/year | 16 days/year | Yes - after 90 days |
| Ontario | 0 paid (3 unpaid) | 3 days/year | Yes - immediately |
| British Columbia | 5 days/year | 3 additional unpaid | Yes - after 90 days |
Alberta (Employment Standards Code)
Part-time employees in Alberta are entitled to:
- 3 paid personal/family responsibility leave days per year (after 90 days of employment)
- 16 unpaid job-protected sick days per year for personal illness or injury
- Protection from termination for taking legitimate sick leave
Your employer can request a medical note, but the rules are the same as for full-time staff.
Ontario (Employment Standards Act)
Part-time employees in Ontario receive:
- 3 unpaid sick days per year (job-protected)
- No minimum employment period required
- Employer can request "evidence reasonable in the circumstances"
British Columbia (Employment Standards Act)
Part-time employees in BC are entitled to:
- 5 paid sick days per year (after 90 days)
- 3 additional unpaid sick days per year
- Same documentation requirements as full-time staff
Common Issues Part-Time Workers Face
"You are only part-time, so you do not get sick days"
This is illegal. If your employer tells you this, they are violating employment standards. Part-time employees earn sick leave entitlements on the same basis as full-time employees.
"We need a note for every absence"
While employers can have sick note policies, they must be applied consistently to all employees. If full-time staff are not required to provide notes for single-day absences, part-time staff cannot be singled out.
"You do not qualify because you have not worked enough hours"
The qualifying period is based on calendar days of employment, not hours worked. In Alberta and BC, you qualify after 90 calendar days - regardless of whether you work 8 hours/week or 40.
"We will just reduce your shifts instead of firing you"
Reducing shifts as retaliation for taking sick leave is considered constructive dismissal and violates employment standards. Document any schedule changes that follow a legitimate sick absence.
When Can Your Employer Require a Sick Note?
Your employer can request a sick note when:
- It is part of a written workplace policy applied to all employees
- The absence exceeds the threshold in their policy (commonly 3+ days)
- There is a pattern of absences (e.g., every Monday)
- You are requesting job-protected leave under employment standards
Your employer cannot:
- Require a note only from part-time workers
- Demand to know your diagnosis
- Contact your doctor directly
- Refuse a legitimate note from a licensed physician
- Require you to pay for the note (in some provinces)
The Cost Issue: Who Pays for the Sick Note?
This is a significant concern for part-time workers who may earn less. The rules vary:
- Ontario: Employers cannot require a certificate from a "qualified health practitioner" for absences of 3 days or fewer
- Alberta: No legislation preventing employers from requiring notes, but some employers reimburse the cost
- BC: Employers can request a note but some collective agreements require employer payment
If your employer requires a sick note, consider asking if they will reimburse the cost. Many do, especially for part-time workers earning minimum wage.
Gig Workers and Independent Contractors
Important distinction: If you are classified as an independent contractor (Uber, DoorDash, freelance), employment standards do NOT apply to you. You have no statutory sick leave entitlements.
However, if you are misclassified as a contractor but actually function as an employee (set schedule, provided equipment, exclusive to one company), you may have employee rights. This is increasingly common in the gig economy.
What to Do If Your Rights Are Violated
1. Document everything - Keep records of conversations, schedules, and any written communications
2. Know your policy - Request a copy of your employer's sick leave policy in writing
3. File a complaint - Contact your provincial employment standards office:
- Alberta: Employment Standards Contact Centre (780-427-3731)
- Ontario: Ministry of Labour (1-800-531-5551)
- BC: Employment Standards Branch (1-800-663-3316)
4. Seek legal advice - Employment lawyers often offer free consultations
Frequently Asked Questions
Can I be fired for calling in sick as a part-time worker?
No. Terminating an employee for legitimate sick leave violates employment standards in all provinces. However, excessive absenteeism beyond your statutory entitlements may be grounds for termination with proper process.
Do I earn sick days if I only work 1 day per week?
Yes. Sick leave entitlements are based on your employment status, not hours worked. If you have been employed for the qualifying period (90 days in AB/BC), you have full sick leave rights.
Can my employer ask why I am sick?
They can ask, but you are not required to provide your diagnosis. A sick note confirming you are unfit for work is sufficient documentation.
What if I cannot afford a doctor's note?
Virtual healthcare options are often more affordable than walk-in clinics. Some provinces also have programs to help with healthcare costs. If cost is a barrier, explain this to your employer - many will waive the requirement or reimburse the fee.
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