COVID-19 & Your Employment Rights in Canada (2025)

Can You Get Fired For Having COVID?

Across Canada, the answer is generally no — being sick with COVID-19 is not valid just cause for firing an employee.

However, employers can terminate without cause if they provide full severance, which can be up to 24 months depending on your age, position, and years of service.

A termination because you had COVID, needed time off, or followed public health advice may violate:

• Provincial employment standards laws
• Human rights laws (COVID can qualify as a medical condition or disability)
• Workplace safety or reprisal protections

If you were let go while sick with COVID or right after returning to work, you may be owed significant compensation.

Province-by-Province Notes

Ontario:

• Sick leave is protected under the Employment Standards Act (ESA).
• Firing someone because they took sick time can be an unlawful reprisal.

Alberta:

• COVID-related illness typically falls under job-protected sick leave with medical documentation.
• Terminating someone for illness-related absence can trigger severance pay in Alberta and human rights claims.

British Columbia:

• Workers have job-protected illness leave under the Employment Standards Act.
• Employer retaliation for medical leave can violate BC’s Human Rights Code.

If you were terminated after testing positive or requesting time off, you should speak to an employment lawyer.

Can I Work With COVID?

There is no federal or provincial law that bans employees from working if they test positive for COVID-19.

But employers have a legal duty to maintain a safe workplace, and many workplaces still require employees to stay home if they:

• Have a fever or significant symptoms
• Work around vulnerable populations
• Fail a workplace health screening
• Are required by internal policy to isolate

Regional Notes

Ontario (OHSA):

Employers must take “every reasonable precaution” to protect workers, which can include keeping sick employees home.

Alberta (OHS Code):

Employers must reduce health risks in the workplace — forcing visibly ill workers to attend may breach safety requirements.

BC (Workers Compensation Act):

Employers must prevent unsafe conditions, which includes minimizing exposure to contagious illness.

How Many Days Off Work for COVID in Canada?

There is no national rule that sets a strict number of days you must stay home. Time off depends on symptoms, medical advice, and provincial sick leave rules.

Typical Timelines People Follow Today:

• Mild symptoms: 2–5 days at home
• Moderate symptoms: 5–10 days
• Prolonged symptoms: often supported through medical leave, short-term disability, or long-term disability

Sick Leave by Province

Ontario:

• 3 unpaid sick days under the ESA (unless employer policy provides more).
• Longer absences supported by medical notes or STD/LTD benefits.
• 👉 Learn more with our Sick Days Ontario Guide

Alberta:

• Up to 16 weeks of job-protected illness leave with a medical certificate.
• Employees may also access STD/LTD for longer illnesses.
• 👉 Learn more with our Sick Leave Alberta Guide

British Columbia:

• 5 paid sick days and 3 unpaid sick days per year.
• Serious or extended illness can qualify for medical leave or disability benefits.
• 👉 Learn more with our BC Sick Days Guide

What If My Employer Refuses to Give Me Time Off for COVID?

This may break provincial employment or safety laws if your employer:

• Denies sick leave you’re entitled to
• Pressures you to work while actively sick
• Disciplines or demotes you for staying home
• Threatens termination for following medical advice
• Retaliates after you request accommodation

This can qualify as an unlawful reprisal, violation of human rights, or constructive dismissal in Canada.

When Should I Contact an Employment Lawyer?

You should get legal advice if:

• You were fired after testing positive for COVID
• Your employer refused or limited sick leave
• You were disciplined for isolating or recovering
• You’re being pressured to work while symptomatic
• Your STD or LTD claim was denied after COVID complications

Employees often don’t realize they may be owed months — even years — of severance pay in Canada.

Speak to an Employment Lawyer Today

If you were denied your rights or fired from your job, it’s important to get clarity right away.

At Samfiru Tumarkin LLP, our employment lawyers have helped over 50,000 Canadians understand their rights and secure fair severance — up to 24 months’ pay.

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