Sick Days in Ontario: What You Need to Know in 2025

Wondering how sick leave works in Ontario? Whether you’re feeling under the weather or facing a serious medical issue, it’s important to know what you’re entitled to under the law.

In Ontario, sick leave rules are covered by the Employment Standards Act (ESA). Most employees are entitled to three unpaid sick days per year, but many are confused about whether those days are paid, how many they actually get, and whether employers can penalize them for using them.

This guide breaks down everything you need to know about sick days in Ontario, including:

• Whether paid sick leave is mandatory
• The difference between federal and provincial entitlements
• What happens to unused sick days
• When your job is protected – and when it isn’t

Table of Contents

Key Takeaways: Sick Days in Ontario

• Employees in Ontario get 3 unpaid sick days per year under the Employment Standards Act (ESA).
• Paid sick leave is not mandatory under the ESA, but some employers offer it voluntarily.
• Federally regulated employees (e.g. banking, airlines, telecom) in Ontario receive up to 10 paid sick days under federal law.
• Unused sick days do not roll over into the next calendar year under the ESA.
• Employers can’t force you to use vacation days for sick leave unless you agree to it.
• You can’t be fired for using your ESA sick leave – but employers must still accommodate legitimate medical absences.
• If denied sick leave or let go after using it, you may be owed compensation. Speak with an employment lawyer at Samfiru Tumarkin LLP to explore your options.

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How many sick days do you get in Ontario?

Employees in Ontario are entitled to three (3) unpaid sick days per calendar year. These days are protected under the Employment Standards Act (ESA).

You must be employed for at least two consecutive weeks to qualify.

These sick days can be used for:

• Personal illness
• Injury
• Medical emergencies

Unless your employer offers a paid sick leave policy, these three days are unpaid by default. They do not roll over to the next year and reset every January 1.

Additional sick days or paid leave may be available depending on your contract, collective agreement, or company policy.

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Are paid sick days mandatory in Ontario?

No, paid sick days are not mandatory for most employees in Ontario.

The ESA only requires employers to provide three (3) unpaid sick days per calendar year.

Employers are not legally required to pay you during sick leave unless:

• It’s included in your employment contract
• Covered by a collective agreement
• Offered through a company policy

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

No, your employer can’t force you to use vacation days instead of sick leave – unless you agree to it.

Sick leave and vacation time are two separate entitlements under Ontario’s ESA.

• Sick leave provides up to 3 unpaid job-protected days for personal illness, injury, or medical emergencies.
• Vacation time is meant for rest and personal time off – not for covering medical absences.
• Employers must respect your right to sick leave if you’re eligible, and can’t penalize you for using it appropriately.

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Do sick days carry over in Ontario?

No, unused sick days do not carry over to the next year under Ontario’s Employment Standards Act (ESA).

Each year, eligible employees are entitled to three unpaid sick days, which reset every January 1.

Key Details:

• Sick days are provided per calendar year, not based on your work anniversary.
• Unused sick leave expires at the end of the year and can’t be banked for future use.
• If your employer offers additional or paid sick leave, carry-over rules may vary depending on the workplace policy or contract.

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How long is sick leave in Ontario?

Under Ontario’s ESA, sick leave lasts up to three (3) unpaid days per calendar year.

These job-protected days can be used for:

• Personal Illness
• Injury
• Medical emergencies

What You Need to Know:

• You must be employed for at least two consecutive weeks to qualify.
• Employers can request reasonable documentation to confirm your absence.
• These days are unpaid, unless your employer voluntarily provides paid sick leave.

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Can you be fired for taking sick days?

No, you can’t be fired simply for taking sick leave in Ontario if you’re using your ESA-protected sick days.

Employers must respect your right to take time off for illness, injury, or medical emergencies.

However, here’s what you need to know:

• Job-protected leave: The ESA protects up to three unpaid sick days per year. Firing someone for using this leave is illegal.
• Human rights protection: If your illness qualifies as a disability, firing you could also violate the Ontario Human Rights Code (OHRC)
• Termination without cause: Employers can let you go for unrelated reasons (e.g. restructuring), but you must receive proper severance pay. Severance pay in Ontario can be up to 24 months’ pay
• Termination for cause: Very rare and hard to prove. Frequent absences must severely impact operations and be unsupported by medical documentation.

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

There is no specific legal limit on how many times you can call in sick in Ontario. However, employers may take action if absences become excessive and are not properly documented or justified.

• Human Rights Consideration: If absences are due to a disability or medical condition, employers have a duty to accommodate. Terminating an employee under these circumstances may violate the Ontario Human Rights Code.
• Termination For Cause: Firing an employee for cause due to absenteeism is rare and requires evidence that the absences have irreparably damaged the employment relationship.

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Employer Rights and Sick Leave Obligations

Ontario employers have specific rights and legal responsibilities under the ESA and the OHRC when managing employee sick leave.

✅ What Employers Can Do:

• Request Reasonable Evidence: Employers may ask for evidence that is reasonable in the circumstances to verify an employee’s entitlement to sick leave. This could include a self-attestation or other forms of reasonable documentation.
• Verify Eligibility: Ensure that the employee has been employed for at least two consecutive weeks to qualify for ESA sick leave.
• Track Sick Leave Usage: Monitor the number of sick days taken by employees each calendar year.

❌ What Employers Cannot Do:

• Require a Doctor’s Note for ESA Sick Leave: As of October 28, 2024, employers are prohibited from requiring a certificate from a qualified health practitioner (e.g., doctor’s note) for the first three unpaid sick days under the ESA.
• Demand Specific Medical Details: Employers can’t ask for information about an employee’s diagnosis or treatment.
• Penalize for Taking Sick Leave: Employees can’t be threatened, fired, or penalized for exercising their right to take sick leave under the ESA.
• Force Use of Vacation Days: Employers can’t compel employees to use vacation time for sick leave without the employee’s consent.

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Workplace Accommodations for Serious Illness

If your illness or medical condition qualifies as a disability, your employer has a legal duty to accommodate you under the Ontario Human Rights Code.

Employers must make reasonable efforts to support your ability to remain in or return to the workplace. This could include:

• Extending your leave beyond the ESA’s 3 sick days
• Adjusting your work hours or duties
• Allowing remote work or a gradual return
• Providing special equipment or ergonomic adjustments

If your employer refuses to accommodate you—or penalizes you for requesting help—they may be in violation of human rights laws. In some cases, this can lead to a constructive dismissal or human rights complaint.

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What should employees do if they are denied sick leave?

If your employer denies your right to sick leave or penalizes you for taking time off due to illness, you may have legal options.

Steps You Should Take:

1. Document Everything: Save emails, messages, or notes from conversations with your employer. Record the dates and reasons for your sick leave.
2. Review Your Rights: Make sure you meet the eligibility rules under the ESA. If your leave relates to a medical condition or disability, you have protections under the OHRC.
3. Speak to an Employment Lawyer: If you have grounds for a constructive dismissal or wrongful dismissal claim, you are owed compensation, severance, or human rights damages.

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How we can help

Samfiru Tumarkin LLP is one of Canada’s most experienced employment law firms, with over 2,000 five-star reviews on Google. We’ve helped over 50,000 non-unionized employees secure the compensation they’re legally owed.

Recognized by The Globe and Mail as one of Canada’s Best Law Firms, we provide expert guidance on all aspects of employment law, as well as short-term and long-term disability claims, and personal injury cases.

Our experienced Ontario employment lawyers are ready to protect your rights and get you the severance and compensation you’re owed.