Sick Leave Ontario: An Employer’s Guide to Creating a Sick Leave Policy

All employees covered by the Ontario Employment Standards Act (ESA) are entitled to a minimum of three unpaid sick leave days per year if they need to stay home due to an illness or injury.

In response to the recent enactment of the Working for Workers Five Act that amended Sick Leave provisions, this blog answers some common questions employers may have about creating a sick leave policy.

What is sick leave?

Sick days or sick leave in Ontario is an unpaid, job-protected leave of absence that your employees are entitled to take for any personal illness, injury, or medical emergency.

What is the length of sick leave in Ontario?

All provincially regulated employers must provide their staff (whether full-time or part-time) with three (3) unpaid sick days in a calendar year. Employers may choose to provide more time off than the minimum statutory requirement. In such cases, sick leave time off beyond the three unpaid days required by the ESA is considered a company benefit. In such cases, it is up to the employer’s discretion how the time off is managed.

What are the eligibility requirements for employees to access sick leave in Ontario?

Employees in Ontario are entitled to request statutory sick leave once they have completed at least two (2) weeks of service. Employees are not required to take all three sick days consecutively.

What should sick days be used for?

Sick leave may be taken for any personal illness, injury, or medical emergency. Ontarians cannot use this leave to take care of ill or injured family members, however, there are other leaves employees can take for this reason.

Employees can also use sick leave for pre-planned (elective) surgery, if it is for an illness or injury. But, sick leave cannot be used for cosmetic surgery that is not medically necessary or is unrelated to an illness or injury.

What if an employee doesn’t use sick days?

Make it clear in your policy that unused sick leave days cannot be carried over to the next calendar year.

What are the notice requirements for taking sick days in Ontario?

Employees must inform their employers that they are taking a sick day or days, usually before starting the leave. If for some reason, the employee is unable to notify the employer in advance, they must do so at the earliest possible.

Can sick leave be computed as a half-day off?

According to the ESA, if an employee takes half a day off to attend, for example, a doctor’s appointment, it is up to employer’s discretion whether to calculate that time off as one (1) whole day of leave or half day. Generally, any part of a day taken as leave counts as one day of leave.

In which cases can I ask an employee for proof of need for sick leave?

In accordance with the recent Working for Workers Five Act 2024, employers are prohibited from asking employees for a doctor’s certificate to validate the need for statutory sick leave. This prohibition applies only for the statutory sick leave period, which is three unpaid days. Employers who contravene this new ESA requirement could result in fines of up to $100,000.

In certain circumstances, employers may ask for evidence that the sick leave taken was due to an illness, injury, or medical emergency.

In cases where an employee needs sick time off within the period of their ESA minimum standards (3 unpaid days), but you suspect there is abuse of policy, employers may ask for proof of entitlement that is reasonable in the circumstances. This proof cannot be a doctor’s note, however, employers can still ask for a signed employee declaration (i.e., attestation) or other evidence (e.g., dated and signed COVID-19 test result).

In cases where employers can request a doctor’s note, it is prohibited to ask for personal medical information such as a medical diagnosis or details or general information about an employee’s medical treatment they are receiving.

Employers can only seek the following details when requesting a doctor’s note:

• The length of the leave
• The date the employee saw a healthcare professional
• Whether or not the employee was examined in person by the healthcare professional issuing the medical note

What if my employee needs sick leave beyond the three (3) ESA days off?

Employers are entitled to ask for a doctor’s note whenever an employee asks for sick leave time off beyond the ESA sick leave period (3 unpaid days off) or when the employee has already used their ESA sick leave period.

If an employer in Ontario offers sick leave time off beyond the ESA minimums (3 unpaid days), the prohibition against requiring a doctor’s note does not apply. Thus, an employer can request a doctor's note to corroborate an employee’s need for statutory sick leave.

What are my employee’s rights when taking sick days in Ontario?

Sick leave in Ontario is unpaid job-protected leave. While you are free to offer more sick days or even paid sick leave to your employees, you cannot take away the minimum entitlements provided in the Ontario ESA. It is also illegal to punish or discriminate against your employees for exercising their right to take sick days when they need to.

Employers should note that sick leave in Ontario is also not pro-rated. This means if an employee begins employment halfway through a calendar year, they are still entitled to three days of sick leave for that year. Unused sick leave days are not carried over to the next year.

Should I offer paid sick leave?

At times, sick employees may push themselves to come to work because they do not want to lose wages. Not only is this bad for their health and productivity, but it also puts other employees and customers at risk of infection. If you can, offering paid sick leave to your employees is a benefit that will contribute towards a healthier and safe workplace. It is also a perk that will help you attract and retain talent.

How does Ontario sick leave interact with other types of leave?

Employees are entitled to different kinds of leaves of absence under Ontario’s Employment Standards Act. These include sick leave, bereavement leave, family responsibility leave, domestic or sexual violence leave, critical illness leave, to name a few. Refer to our blog on Ontario’s Employment Standards Act for more details about these leaves.

Each of these leaves is separate and may be taken separately even for the same event.

Do you need help creating a workplace sick leave policy?

Get expert advice on sick leave management with Peninsula. Our HR experts can assist you with company policies, and with any other HR, health & safety or employment matters that arise. To learn more about how our services can benefit your business, call an expert today at 1 (833) 247-3652