Can You Be Fired for Calling In Sick in Ontario?

Calling in sick should not cost you your job — but many Ontario employees worry it will.

If you’ve missed work due to illness and your employer threatens discipline, cuts your hours, or fires you, you may be wondering: can an employer legally fire you for calling in sick in Ontario?

Here’s the clear answer, based on Ontario employment law.

Short Answer: No — You Can’t Be Fired Because You Called in Sick

Under Ontario’s Employment Standards Act (ESA), most non-unionized employees are entitled to job-protected sick leave.

That means:

• You can’t be fired because you took a sick day
• You can’t be punished for using ESA-protected sick leav
• Your employer can’t treat illness as misconduct

When Sick Leave Is Protected in Ontario

In Ontario, most employees are entitled to 3 unpaid, job-protected sick days per calendar year, as long as they’ve worked for their employer for at least two consecutive weeks.

These sick days can be used for:

• Personal illness
• Injury
• Medical emergencies

How Many Times Can You Call in Sick Before it Becomes a Problem?

There is no set limit in Ontario law.

Can an Employer Fire You Anyway?

Sometimes employers try to argue they fired someone for “performance,” “attendance,” or “business reasons” — not the sick leave itself.

That doesn’t automatically make the termination legal.

Courts and tribunals look at:

• Timing (were you fired shortly after calling in sick?)
• Pattern (were you disciplined only after medical absences?
• Consistency (are other employees treated the same way?)
• Evidence (emails, texts, warnings, schedule changes)

What Counts as Illegal Retaliation?

Employer retaliation related to sick leave can include:

• Firing you after calling in sick
• Cutting your hours or shifts
• Issuing discipline after medical absences
• Threatening termination for being “unreliable”
• Pressuring you not to use sick days

This kind of conduct may violate:

• The Employment Standards Act (Workplace Retaliation in Ontario)
• Ontario human rights law
• Common-law wrongful dismissal rules

What If the Employer Says the Sick Leave Was “Too Frequent”?

Frequency alone is not enough.

If your absences are due to a medical condition, your employer may have a duty to accommodate, rather than punish or terminate you.

This is especially important where:

• Absences are medically supported
• The illness is ongoing
• Mental health is involved

Can You Be Fired for Calling in Sick Without a Doctor’s Note?

An employer may sometimes ask for reasonable evidence that you were unable to work.

However:

• A diagnosis is not required
• Detailed medical records are not allowed
• Blanket demands for notes every time may be unreasonable

Disciplining or firing an employee simply for lacking a doctor’s note — especially when the request is unreasonable — can still be unlawful.

What If You’re Fired While Still Sick or on Medical Leave?

If you are terminated:

• while sick
• shortly after calling in sick, or
• while dealing with a longer medical condition,

the termination deserves close legal scrutiny.

Depending on the circumstances, it may involve:

• Illegal reprisal
• Human rights discrimination
• Wrongful dismissal
• Severance entitlements beyond the minimum (or Severance pay in Ontario)

What Should You Do If You’re Fired for Calling in Sick?

If this happens, do not rush to accept what your employer says.

Before signing anything:

• Save emails, texts, schedules, and warnings
• Do not resign
• Do not assume the termination is legal
• Get legal advice before accepting severance

Key Takeaways

• You can’t be fired because you called in sick in Ontario
• Sick leave is job-protected under the ESA
• Retaliation related to illness may be illegal
• Timing and context matter more than employer labels
• Longer illnesses trigger additional legal protections

Fired for Calling in Sick? Speak With an Ontario Employment Lawyer

If you were fired, disciplined, or threatened after calling in sick, you may have legal options — even if your employer says the termination was “unrelated.”

The employment lawyers in Ontario at Samfiru Tumarkin LLP help non-unionized employees across the province understand their rights and pursue fair severance and compensation.

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