Sick Leave in Ontario: 3 Unpaid Days and the No Sick Note Rule

Those 3 days are a floor set by the Employment Standards Act (ESA), not a paid benefit. If an employment contract or collective agreement gives a greater right, the contract applies instead. Everything below comes from the Ontario government's ESA guide.

Ontario sick leave at a glance

Rule	What the ESA says
Days per year	Up to 3 per calendar year
Paid?	No, unpaid under the ESA
Eligibility	Employed at least 2 consecutive weeks
Part-time employees	Same 3 days, no pro-rating
Starting mid-year	Still entitled to 3 days for the rest of that year
Carry-over	Not allowed
Medical note	Can't be required since October 28, 2024
Notice	Before the leave, or as soon as possible after starting; oral notice is fine

What sick leave can be used for

Personal illness, injury or medical emergency, and it doesn't matter whose fault it was. The guide's own example: an employee who sprained an ankle showing off while waterskiing is still entitled to the leave. Pre-planned surgery for an illness or injury generally counts too, even though it's booked ahead. Cosmetic surgery that isn't medically necessary or related to an illness or injury doesn't.

Sick leave is for the employee's own health. Caring for family members falls under other ESA leaves, such as family responsibility leave, family caregiver leave or family medical leave, and grief under bereavement leave (see our bereavement leave guide).

Part days count as full days, if the employer chooses

The 3 days don't have to be consecutive and can be taken as part days. If an employee takes only part of a day, the employer can count it as a full sick day. The guide's example: Val leaves at lunchtime with a migraine. Her employer can count that as one of her 3 days, but must still pay her for the half day she worked and count those hours towards overtime and hours-of-work limits.

The medical note rule

From October 28, 2024, employers can't require a certificate from a qualified health practitioner (a physician, registered nurse or psychologist) for ESA sick leave. They can still ask for evidence that's reasonable in the circumstances, judged on things like how long the leave is, whether there's a pattern of absences, what evidence exists and what it costs.

The ban only covers proving entitlement to ESA sick leave. Employers can still ask for medical documentation for other purposes, such as accommodating an employee or return-to-work obligations.

How company sick days interact with the 3 ESA days

This is where most confusion comes from. If a contract provides something similar to sick leave, such as paid sick days, and the employee takes one, it counts against the ESA days too. The guide's example: a contract gives 1 paid sick day a year and no other job-protected time off. That doesn't beat the ESA, so the employee still has 3 job-protected days. Take the paid day, and they have 2 ESA days left and no paid days.

If the contract gives a greater right overall, its terms apply instead of the ESA standard, including on medical notes. Whether it's greater depends on the facts and every sick-leave term in the contract.

Other ESA leaves that can overlap

The ESA has separate leaves for long-term illness, family responsibility, infectious disease emergencies, bereavement, family caregiving, family medical needs, domestic or sexual violence, critical illness, child death and crime-related child disappearance. An employee may qualify for more than one for the same event, but a single absence only counts against one statutory leave.

Handling a sick day, step by step

1. The employee tells the employer before the leave starts, or as soon as possible after it starts. Telling a manager verbally is enough.
2. The employer checks the employee has worked there for at least 2 consecutive weeks and how many of the 3 days are left this calendar year.
3. If it's a part day, the employer decides whether to count it as a full day, and pays for any hours worked.
4. If the employer wants evidence, it asks only for something reasonable in the circumstances and never for a medical note for ESA sick leave.
5. The employer records the day against the ESA entitlement and against any contract sick days, if the contract gives a similar benefit.

One detail from the guide that protects employees: failing to give notice in advance doesn't take away the right to the leave. It's still sick leave even if the call came late, and the employer can't treat a late call as a reason to refuse it.

Your rights while on sick leave

Employees on sick leave have the same protections as those on pregnancy or parental leave: an employer can't threaten, fire or penalise anyone for taking or planning to take it. Some professionals, such as health practitioners, can't take the leave where doing so would be professional misconduct or a dereliction of professional duty. If an absence turns into a longer one where pay stops, our guide to the Record of Employment explains the federal paperwork side.

The verdict

Plan on 3 unpaid days per employee per year, full-time or part-time, and stop asking for sick notes for them. If you offer paid sick days, write the policy so it's clear whether it beats the ESA, because a single generous-looking paid day can still leave you owing 3 job-protected days.

Frequently asked questions

How many sick days do you get in Ontario?

Up to 3 unpaid, job-protected days each calendar year under the ESA, after 2 consecutive weeks with the employer.

Can my employer ask for a sick note in Ontario?

Not for ESA sick leave since October 28, 2024, but they can ask for other evidence that's reasonable in the circumstances.

Are sick days paid in Ontario?

Not under the ESA. Paid sick days only exist if your contract or collective agreement provides them.

Do unused sick days carry over in Ontario?

No. Unused ESA sick days can't be carried over to the next calendar year.