Sick Leave in Ontario: Sick Days, ESA Rules, and Employee Rights (2026)

If you’re sick and need time off work, Ontario’s sick leave rules can be confusing.

Many employees ask:

• How many sick days do you get in Ontario?
• Are paid sick days mandatory?
• Can your employer ask for a doctor’s note?
• Can you be fired for calling in sick?

Here’s a clear, plain-English breakdown of sick leave in Ontario, what the Employment Standards Act (ESA) guarantees, and what to do if your employer pushes back.

Sick Days in Ontario: What the ESA Guarantees

Under Ontario’s Employment Standards Act, most non-unionized employees are entitled to 3 unpaid, job-protected sick days per calendar year.

You may see these called:

• Ontario sick days
• ESA sick leave
• ESA sick days

Who Qualifies?

You qualify if you’ve worked for your employer for at least 2 consecutive weeks.

Key Points to Know

• You get 3 unpaid sick days per year
• Sick days reset on January 1
• Your employer can’t punish or discipline you for taking ESA sick leave

Are Paid Sick Days Mandatory in Ontario?

No.

Ontario law does not require employers to provide paid sick days.

This means:

• Ontario does not have 3 paid sick days under the ESA
• Ontario does not have 10 paid sick days (that rule applies only to federally regulated employees)
• Any paid sick leave comes from:
  • your employment contract, or
  • your employer’s internal policy

What Can ESA Sick Leave Be Used For?

You can use ESA sick leave for:

• Personal illness
• Injury
• Medical emergencies

This leave is separate from other ESA leaves, such as family responsibility leave.

Can Your Employer Ask for a Doctor’s Note?

Sometimes — but only if it’s reasonable.

An employer may request reasonable evidence that you were unable to work. This can include a medical note confirming absence, but:

• They can’t demand a diagnosis
• They can’t ask for detailed medical records
• Requests must be reasonable in the circumstances

Paid vs. Unpaid Sick Days: Ontario vs Federal Rules

Many employees are confused by national headlines about paid sick leave.

Here’s the difference:

Federal rules apply only to industries like banking, telecom, aviation, and transportation — not most Ontario workplaces.

Is There a Sick Day Limit in Ontario?

Yes — under the ESA minimum.

• 3 unpaid sick days per year
• You may receive more days if your contract or workplace policy provides them
• If your employer offers paid sick days, they must follow their own policy

Do You Get Paid for Sick Leave in Ontario?

Generally, no — ESA sick leave is unpaid.

You may still receive income if:

• Your employment contract includes paid sick days
• Your employer has a paid sick leave policy
• You qualify for short-term or long-term disability benefits
• Your absence relates to a medically supported mental-health condition

Can an Employer Deny Sick Leave in Ontario?

If you qualify under the ESA, your employer can’t deny your right to take sick leave.

However:

• Employers can deny paid sick days if paid leave isn’t part of your contract
• Employers may request reasonable evidence of illness

Can You Be Fired for Taking Sick Leave in Ontario?

An employer can’t fire, discipline, or penalize you for taking ESA-protected sick leave.

That said, Ontario employers can terminate employment without cause as long as they:

• Pay proper severance pay, and
• Do not rely on your illness or sick leave as the reason

⚠️ Red flags include:

• Discipline after calling in sick
• Reduced hours following sick leave
• Threats tied to medical absences

Need More Than 3 Sick Days? Medical Leave Options in Ontario

If your illness lasts longer than a few days, sick leave and medical leave are not the same thing.

Depending on your situation, you may qualify for:

• ESA long-term illness leave (up to 27 weeks of job-protected leave)
• Short-term or long-term disability benefits
• Human rights accommodation for medical conditions
• Stress-related medical leave with doctor support
• EI sickness benefits

Sick Leave Ontario: Quick Answers

How many sick days do you get in Ontario?

Three unpaid ESA sick days per calendar year.

Are paid sick days mandatory in Ontario?

No. Paid sick leave depends on employer policy or contract.

Can an employer ask for a doctor’s note?

Sometimes — but only if reasonable, and never for diagnosis details.

What if I need long-term medical leave?

You may qualify for disability benefits, ESA long-term illness leave, or accommodation.

Denied Sick Leave or Disciplined? Get Legal Advice

If your employer:

• Denies your sick leave
• Demands unreasonable medical proof
• Cuts your hours after you’re sick
• Threatens termination related to illness

it’s time to speak with an Ontario employment lawyer.

Samfiru Tumarkin LLP helps non-unionized employees across Ontario understand their rights and challenge unfair treatment at work.

📞 Call us at 1-855-821-5900 or request a consultation online.