Sick Note After 3 Days in Ontario: When Employers Can Ask
The 3-day threshold is common in Ontario workplace policies. Here's when employers can legally require a note.
## Sick Note After 3 Days in Ontario: What Are the Rules?
Ontario's sick note rules changed significantly with the Working for Workers Act. Here's the current state of the law and what employers can actually require.
### The Two-Part Rule
**Part 1: ESA-Protected Days (No Note Required)**
- Ontario provides 3 unpaid sick days per year
- Employers CANNOT require a medical note for these days
- This is law since October 2022
**Part 2: Beyond ESA Days (Employer Policy Applies)**
- Once you've used your 3 ESA days, employer policies kick in
- Many employers require a note after 3 consecutive days
- This is generally enforceable if applied consistently
### The Confusion: ESA Days vs. Consecutive Days
Here's where it gets tricky:
- If this is your **first sick absence** of the year and it's 3 days → No note required (using ESA days)
- If you've **already used your 3 ESA days** and take 3 more → Employer can require a note
- If your employer offers **paid sick days** beyond ESA → Their policy on notes applies to those days
### Common Ontario Employer Policies
| Employer Type | Note Required After |
|--------------|-------------------|
| Federal regulated | 3 days (but 10 paid days available) |
| Ontario government | 5 days |
| Healthcare | 3 days |
| Retail/service | 3 days |
| Tech | 5+ days or flexible |
| Union workplace | Per collective agreement |
### Getting a Sick Note on Day 3+
If you've been sick beyond your ESA entitlement and need documentation, MedLetter provides within 6 hours sick notes from CPSO-registered physicians. Complete the form from home — no clinic visit needed.
**[Get your sick note today →](/get-started/sick_note)**