Ontario to scrap sick notes: What employees need to know

To ease the burden on family physicians, the Ontario government is planning to scrap sick notes for short absences from work.

Currently, the province’s Employment Standards Act (ESA) allows employers to ask staff for a doctor’s note (as long as the request is reasonable) when they use part or all of their three days of provincially-mandated annual sick leave.

According to news outlets, including Global News, the Ministry of Labour has been examining a variety of alternatives, including:

• A form that employees could sign to attest to their illness or disability
• A receipt for over-the-counter medication

The change is expected to be part of new legislation tabled by Labour Minister David Piccini in the coming weeks.

SEE ALSO
• End of IDEL: Ontario discontinues paid sick leave program
• Disability in the workplace: Your rights

LISTEN: Employment lawyer Lior Samfiru discusses the proposed legislation with Newstalk 580 CFRA’s Patricia Boal.

“Patients over paperwork”

In addition to scrapping sick notes, the province plans to implement several initiatives to free up family doctors, including:

• Gradually replacing fax machines to improve privacy as well as speed up diagnosis, referrals, and treatments.
• Digitizing referral and consultation forms to reduce the need for in-person specialist visits.
• Improving the eForms platform to use more digital tools — enhancing convenience and accessibility.
• Working with the Ontario Medical Association to streamline, simplify, and digitize 12 key government medical forms.
• Speeding up the expansion of the centralized waitlist program for surgical and diagnostic services, which will help provide faster access to care for patients.
• Expanding a pilot program that will integrate artificial intelligence (AI) into doctors’ offices by using technology to transcribe and summarize patient visits.

Sick leave entitlements in Ontario

Non-unionized workers in Ontario who have been employed for at least two weeks are entitled to up to three days of unpaid sick leave annually under the ESA.

However, if you work for a federally regulated employer in the province, you might be able to access up to 10 paid sick days.

LEARN MORE
• List of federally regulated companies in Canada
• Federally regulated workplaces and industries in Canada

Can my employer punish me for taking sick leave?

Employers in Ontario can’t punish, or threaten to punish, non-unionized employees for asserting their workplace rights.

If you were punished for taking sick leave, that is likely a reprisal and you should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

ADDITIONAL RESOURCES
• Reprisals at work in Alberta: Employee rights
• Workplace reprisals in B.C.: Know your rights

Can my employer make major changes to my job after sick leave?

In Ontario, non-unionized workers don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the province.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

If unwanted changes are made to your job after you return from sick leave, or for any reason, it’s possible that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with our firm.

ADDITIONAL RESOURCES
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights
• Employment Law Show: Things to never do without seeking legal counsel

How is severance pay calculated?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Can employers pressure staff to quit after sick leave?

No matter how upset your employer is that you took sick leave, companies in Ontario can’t pressure or force staff to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting Samfiru Tumarkin LLP — you might have grounds for a constructive dismissal claim and a human rights complaint.

Already resigned?

If you were forced to quit your job for any reason, connect with our team as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for taking sick leave?

Employers in Ontario can’t fire non-unionized workers for taking the sick leave that they are entitled to under the ESA.

However, companies can let staff go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

If you were fired because you took sick leave, there is a very good chance that this would be considered disability-based discrimination under provincial and federal human rights legislation — making the termination illegal.

SEE ALSO
• Termination for cause in Ontario: Employee rights
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you were fired or let go for taking sick leave, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.