Can You Get Fired for Calling In Sick in Ontario?

Calling in sick shouldn’t cost you your job. In Ontario, employees have clear protections under the Employment Standards Act (ESA) and human rights law — but many people still worry about losing their job after taking a sick day.

Below is a straightforward breakdown of when an employer can and can’t fire you for calling in sick, what rights you actually have, and what to do if you’re punished or terminated.

Quick Answer: Can You Get Fired for Calling in Sick in Ontario?

No — not legally.
If you are sick and you follow proper procedures for notifying your employer, they can’t fire you, discipline you, or threaten you for taking time off due to illness. Doing so may be considered:

• A violation of the ESA
• Reprisal, which is illegal
• Workplace discrimination based on disability under the Ontario Human Rights Code
• A wrongful dismissal in Ontario that entitles you to full severance pay

Your Legal Rights When You’re Sick in Ontario

Ontario law gives employees several important protections when they’re not well enough to work.

1. Three Days of Job-Protected Sick Leave

Under the ESA, all employees — full-time, part-time, casual, and temporary — get three unpaid, job-protected sick days each calendar year.

Your employer can’t punish you for using these days.

2. Protection Against Reprisal

It is illegal for an employer to punish or fire you for:

• Calling in sick
• Requesting sick leave
• Using ESA sick days
• Needing time off due to illness

3. Human Rights Protection for Illness or Disability

If your illness meets the definition of a disability, your employer must:

• Accommodate you to the point of undue hardship
• Avoid any negative treatment based on your medical condition

Firing someone because they’re sick or need accommodation is often discrimination.

Can An Employer Ask for a Doctor’s Note?

Yes — but within limits.

In Ontario, an employer can request reasonable medical evidence confirming that you were unable to work. This may include:

• A doctor’s note
• A note from a nurse practitioner
• Confirmation of functional limitations

However, the note does not need to include a diagnosis.

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

There is no set limit in Ontario law.

An employer can’t discipline or fire you for legitimate illness — especially when:

• You’re using your three ESA sick days,
• You provide reasonable medical documentation when requested, or
• You are dealing with a medically supported disability

Using your ESA days is protected by law. For a deeper look at the rules, see Ontario sick leave rules.

Patterns of absenteeism may be addressed by employers, but even then, they must respect human rights and accommodation obligations.

Can You Get in Trouble for Calling in Sick?

Not for legitimate illness.

You can get in trouble if:

• You falsely claim to be sick
• You refuse a reasonable request for medical evidence
• You use sick time for non-medical reasons
• You violate unrelated company policies

But for real illness? You’re protected.

Can You Get Fired for Being Sick in Ontario?

If your illness is legitimate, firing you is illegal.

Termination tied to illness — even indirectly — entitles you to:

• Severance pay in Ontario (often up to 24 months)
• Human rights compensation
• Damages for reprisal

Even if the employer gives another reason for firing you, what matters is the real reason behind the decision.

What If You Were Fired After Calling in Sick?

This is more common than people think — and often a wrongful dismissal in Ontario.

If you were terminated after calling in sick, you may be owed:

• Significant severance
• Human rights damages
• Additional compensation

Do not accept any offer before speaking with an employment lawyer.

What to Do If Your Employer Punishes You for Calling in Sick

Here are the key steps:

1. Document everything
   Save emails, texts, and notes from conversations.
2. Get medical support
   Ask your doctor for a simple note confirming you couldn’t work.
3. Don’t quit
   Quitting may limit your entitlements.
4. Contact an employment lawyer
   You may be owed substantial compensation if the employer’s actions amount to reprisal, discrimination, or wrongful dismissal.

FAQs About Calling In Sick in Ontario

Can you get fired for calling in sick once?

No. Firing you because of a single sick day is almost certainly illegal.

Can your employer take shifts away because you called in sick?

Not as punishment. That could be reprisal and constructive dismissal in Ontario.

Do I have to provide a doctor’s note?

Sometimes. Employers can request reasonable evidence — see doctor’s note rules
for details.

Is stress or burnout a valid medical reason to call in sick?

Yes. Mental health conditions are protected under human rights law — see Stress Leave Ontario for more information.

Can I go on EI sickness benefits?

Yes — if you have medical proof and meet EI sickness benefits eligibility requirements.

Talk to an Employment Lawyer in Ontario

If your employer punished you, reduced your hours, or fired you after calling in sick, you may be owed much more severance than they offered.

📞 Call 1-855-821-5900 or use our consultation form today.