Can you get fired for calling in sick in Ontario?

Feeling under the weather and afraid to miss work? You’re not alone. Many people ask: Can you get fired for calling in sick in Ontario? The short answer is no – but it depends on the situation. This guide will help you understand when your job is protected and when you could be at risk.

Can I Get Fired for Calling in Sick?

Under Ontario’s Employment Standards Act (ESA), most employees are entitled to three unpaid, job-protected sick days per calendar year. You qualify once you’ve worked for your employer for at least two consecutive weeks.

If you’re using these protected sick days for genuine medical reasons, your employer can’t legally fire you for that.

So, no, you can’t be fired because you are legitimately sick and can’t work.

Can You Be Fired for Being Sick?

No, you can’t be fired simply for being sick. If the reason for your termination is related to your health, illness, or a medical condition, that is considered a human rights violation in Ontario.

Employers have a duty to accommodate medical conditions up to the point of undue hardship under the Ontario Human Rights Code (OHRC). Terminating an employee due to illness or disability can lead to serious legal consequences.

If you’re fired because of your health:

• You are likely entitled to full severance pay — up to 24 months’ compensation, depending on your age, position, and length of service
• You may also be owed human rights damages on top of your severance package

Your employer may try to fire you “for cause” – without severance pay or EI – after calling in sick. It is extremely difficult for a company to justify this type of termination, which means you are very likely entitled to proper severance.

What If I Call in Sick Multiple Days in a Row?

Many employees worry: Can I get fired for taking too many sick days?

No – especially if you’re within your ESA sick day entitlement or can provide reasonable medical proof. Employers can’t punish you for legitimate use of sick leave, even on back-to-back days.

Employers must assess each case individually. You can’t be fired just for taking “too many sick days” if those absences are supported and medically necessary.

How Many Times Can You Call in Sick Before Getting Fired in Ontario?

There’s no legal limit on how many times you can call in sick. However:

• Repeated absences without documentation may raise concerns
• If you have a disability, your employer has a duty to accommodate under the Ontario Human Rights Code (OHRC)
• You can be let go without cause – but only if the reason for your termination isn’t related to your sick leave or a medical condition

If your illness or medical condition persists, you may be eligible for short-term or long-term disabilty benefits through your employer’s group plan or an individual plan you have purchased on your own. If you claims for either one are denied, our Ontario disability lawyers can help you get compensation from the insurance company.

Can You Get in Trouble for Calling in Sick?

No, you can’t get in trouble or penalized for using your sick leave responsibly. Employers are not allowed to:

• Fire you for taking protected sick leave
• Discipline or demote you for calling in sick

If your employer does any of the above, it could lead to a wrongful dismissal or human rights claim.

Calling in Sick to Work: Your Rights

When you need to call in sick:

• Notify your employer as soon as possible
• Explain the situation briefly (you don’t need to share private medical information)
• Know that for the first 3 days of ESA sick leave, a doctor’s note is not required

For longer or repeated absences, your employer may request documentation within reason.

What If I’m Fired After Calling in Sick?

If you’re let go after using your sick days:

1. Don’t panic – you are likely still owed severance pay, even if the employer says it’s “for cause.”
2. Document everything – including emails, call logs, and sick notes.
3. Use our Severance Pay Calculator to estimate what you could be owed.
4. Contact us – Our team at Samfiru Tumarkin LLP can explain your rights, and determine if you have a claim for wrongful dismissal or human rights damages.

Key Takeaways

• You can’t be fired for calling sick in Ontario if you have a legitimate medical condition or disability
• The ESA gives you three job-protected sick days per year
• Termination for cause is extremely hard for an employer to prove
• If you have a disability, you are protected under the Ontario Human Rights Code

Get Help from Ontario’s Leading Employment Lawyers

If you were fired after taking sick leave or too many sick days, don’t wait. The employment lawyers at Samfiru Tumarkin LLP have helped over 50,000 non-unionized employees in Ontario secure proper compensation and protect their rights.

Call Samfiru Tumarkin LLP today at 1-855-821-5900 or get in touch online for a consultation.