Sick Days in Ontario: What You Need to Know in 2024

Sick days are an essential part of maintaining both personal health and workplace productivity. Understanding the laws around sick days in Ontario in 2024 can help employees and employers alike navigate their rights and responsibilities. This guide covers key questions, including whether sick days are paid, how many are allowed, and what to do if disputes arise.

How many sick days are you allowed in Ontario?

Under Ontario’s Employment Standards Act (ESA), provincially regulated employees are entitled to:

• 3 unpaid sick days per calendar year. These days can be used for personal illness, injury, or medical emergencies.
• To qualify, employees must have been employed for at least two consecutive weeks.

Employers are not required to provide more than these three unpaid days unless additional leave is outlined in an employment contract or workplace policy.

Are sick days paid in Ontario?

No, sick days are not generally paid under the ESA. However:

• Some employers offer paid sick days as part of their benefits package or employment policies.
• Federally regulated employees in Ontario, such as those working in banking or telecommunications, are entitled to up to 10 paid sick days under federal law. Learn more in our guide on sick days for federally regulated employees.

Previous COVID-19 paid sick days program

Between April 2021 and March 2023, Ontario’s government offered a paid sick leave program called Paid Infectious Disease Emergency Leave (IDEL). This provided up to three paid sick days for COVID-19-related reasons. The program has since expired, and paid sick leave is no longer mandatory in Ontario.

Can an employer make you use vacation days for sick leave?

No, employers can’t force you to use vacation days if you are sick, unless you agree to it. Vacation time and sick leave are separate entitlements under Ontario’s ESA.

If your employer insists on using your vacation days to cover sick leave, it may be a violation of your rights. Contact an employment lawyer at Samfiru Tumarkin LLP immediately to learn about your rights.

SEE ALSO
• Vacation Time in Ontario: Employee Rights
• Ontario Vacation Pay and Employee Rights

Do you get paid for sick days?

• If your employer provides paid sick leave: You are entitled to your regular wages during your absence, as outlined in your contract or workplace policy.
• If no paid sick leave is offered: You may be eligible for Employment Insurance (EI) sickness benefits, which provide temporary income support. To qualify, you must meet EI eligibility criteria.

Can you be fired for taking sick days?

Employees in Ontario can’t be fired simply for taking sick leave, provided it falls within their entitlements under the ESA or workplace policies. However, here are key points to understand:

• Termination unrelated to illness: An employer may terminate your employment for reasons unrelated to your sick leave (e.g., restructuring). This is considered a termination without cause in Ontario, and you would be entitled to full severance pay. Your severance package can be as much as 24 months’ pay.
• Illegal terminations: Firing an employee solely for taking sick leave may violate both the ESA and the Ontario Human Rights Code. Employers are required to accommodate employees’ medical needs unless doing so would cause undue hardship.
• Excessive absenteeism: If absences are frequent and unsupported by medical documentation, employers may take action. However, such actions must comply with employment laws and policies.

If you suspect your termination is related to taking sick leave, you may have grounds for a wrongful dismissal claim through an employment lawyer. Contact Samfiru Tumarkin LLP to review your situation. If you have been terminated, you can use the Ontario Severance Pay Calculator to estimate how much severance you may be owed.

How many times can you call in sick before you get fired in Ontario?

There is no set limit under the law for how many times you can call in sick before being terminated. However, the circumstances matter:

• Provide medical documentation: Ensuring clear and thorough communication with your employer about your illness strengthens your position and demonstrates good faith.
• Employer obligations: Employers cannot fire you for exercising your right to take sick leave, but they may terminate employment without cause if absences significantly disrupt operations and accommodations are no longer feasible.

That being said, it is extremely difficult for an employer to terminate someone for cause in Ontario based solely on frequent sick days. Termination for cause—reserved for the most severe workplace misconduct—requires proof that the employee’s absences have irreparably damaged the employment relationship. Contact our employment law team to explore your rights and potential severance package.

Sick days Ontario law: Employer rights and obligations

Employers have the right to ask for documentation to confirm an employee’s sick leave. However, they must follow specific guidelines:

• Documentation must focus on:
  • The length or duration of the absence
  • Whether accommodations are needed for the employee’s return
  • Confirmation that a medical professional was consulted
• Employers can’t demand specific medical details, such as diagnoses or treatments.

Retaliating against employees for taking sick leave—for example, by terminating employment—is illegal and may result in claims for constructive dismissal or human rights violations.

Workplace accommodations for serious illness

If your illness qualifies as a disability under the Ontario Human Rights Code, your employer must provide accommodations to the point of undue hardship. This could include:

• Allowing extended unpaid leave
• Adjusting your duties or schedule
• Providing equipment to support your return

Employees must provide sufficient medical evidence to support their request for accommodation.

What should employees do if they are denied sick leave?

If your employer denies you sick leave or penalizes you for taking it:

1. Document the incident: Keep records of communications with your employer.
2. File a complaint: You can report ESA violations to the Ministry of Labour.
3. Consult an employment lawyer: Legal advice from Samfiru Tumarkin LLP can help you explore options, such as claiming constructive dismissal or seeking compensation for wrongful dismissal. You could be

Key takeaways

• Ontario law guarantees 3 unpaid sick days per year for most employees.
• Paid sick days are not mandatory under the ESA but may be offered by employers.
• Federally regulated employees in Ontario may qualify for 10 paid sick days.
• Employers can’t force employees to use vacation days for sick leave.
• Employees can’t be fired solely for taking sick leave, and employers must accommodate legitimate medical absences.
• Disputes over sick leave may lead to claims for constructive dismissal or human rights violations.

Our experienced Ontario employment lawyers are ready to protect your rights and secure the severance and compensation you’re owed. We’ve helped tens of thousands of non-unionized employees across the province. Beyond employment law, Samfiru Tumarkin LLP offers expert guidance in short-term and long-term disability claims, as well as personal injury cases, ensuring comprehensive support for all your legal needs.

As a non-unionized employee, you deserve clear advice and effective solutions for your employment issues. Contact us today or call 1-855-821-5900 for a consultation and take the first step toward the compensation you deserve.