If you’re wondering how many sick days you get in Ontario, the answer depends on which law applies to your job (Ontario’s Employment Standards Act vs. federal rules), and what your employment contract or workplace policy provides.
Here’s the Ontario overview, written for employees and employers who want a clear, accurate baseline.
The short answer: How many sick days in Ontario?
For most provincially regulated workers in Ontario, the Employment Standards Act, 2000 (ESA) provides:
- Up to 3 days of unpaid, job-protected sick leave per calendar year (minimum standard)
- You qualify once you’ve been employed at least 2 consecutive weeks
- These are often called “ESA sick days” or “statutory sick days” (even though they are unpaid)
Important: Ontario law sets minimum standards. Your employer policy, union/collective agreement, or employment contract may provide more days and/or paid sick leave.
Are sick days paid in Ontario?
Ontario’s ESA does not require employers to provide paid sick days as a general rule. The ESA sick leave entitlement is unpaid.
That said, many workplaces offer paid sick days through:
- an internal HR policy,
- a benefits plan (short-term disability),
- or a negotiated collective agreement.
If your employer provides paid sick days, the ESA may treat those days as counting toward the ESA leave (depending on the circumstances and how the policy is structured).
Who is covered by Ontario ESA sick leave?
The ESA applies to many (but not all) employees in Ontario. Coverage depends on your industry and job type.
In general:
- Most Ontario employees are provincially regulated and fall under the ESA.
- Some workers are federally regulated (banks, telecom, airlines, rail, interprovincial transportation, etc.) and follow Canada Labour Code rules instead.
If you’re unsure which regime applies, a lawyer can help you confirm quickly—because it can affect your entitlements.
Can your employer ask for a doctor’s note in Ontario?
For ESA sick leave (the 3 unpaid sick days), Ontario changed the rules:
- Employers may request “evidence reasonable in the circumstances” that you’re entitled to the leave
- But an employer cannot require a “certificate from a qualified health practitioner” as evidence for ESA sick leave
In plain language: for those 3 ESA sick days, your employer can ask for reasonable proof, but not a doctor/nurse practitioner/psychologist certificate as defined by the ESA change.
Practical examples of “reasonable evidence” may include a written attestation, confirming you were unfit for work, or other non-medical documentation depending on the situation (what’s “reasonable” can vary).
What if you need more than 3 sick days?
1) Ontario long-term illness leave (up to 27 weeks, unpaid, job-protected)
Ontario introduced a long-term illness leave that can apply when someone has a serious medical condition and can’t perform their job duties.
Key points:
- Up to 27 weeks of unpaid, job-protected leave within a 52-week period
- Available if the employee has been employed at least 13 consecutive weeks
- Requires a certificate from a qualified health practitioner confirming a serious medical condition and the period of inability to work
This leave can be crucial for people with cancer treatment, major surgery recovery, severe mental health episodes, chronic/episodic disability, and other serious conditions—especially where 3 days is nowhere near enough.
2) Other ESA leaves may also help (different reasons, different limits)
Depending on your situation, other ESA leaves (example: family responsibility leave, bereavement leave) may apply. The right leave depends on why you’re away from work, not just the fact you’re absent. (And some workplaces also provide separate paid time off banks.)
3) Benefits and income replacement (not the same as “sick days”)
Many people mix these up:
- Job-protected leave = protects your job while you’re off
- Income replacement = money coming in while you’re off (e.g., short-term disability, long-term disability, EI sickness benefits)
If you’re off work for medical reasons, you may need to coordinate:
- workplace benefits (STD/LTD),
- EI sickness benefits,
- accommodation/return-to-work planning.
Federally regulated employees: you may have paid sick days
If you work in a federally regulated workplace, the rules are different.
Under the Canada Labour Code, employees can accrue up to 10 days of medical leave with pay per calendar year, with accrual rules (including earning 3 paid days after 30 days of continuous employment and additional accrual thereafter).
This is a common source of confusion in Ontario—people hear “10 paid sick days” in the news, but that generally applies to federally regulated jobs, not most Ontario workplaces.
What if you’re punished for taking sick leave?
ESA sick leave is job-protected, meaning an employer generally can’t discipline, threaten, or terminate you because you took an ESA-protected leave.
But real life can get messy fast—especially when:
- the employer claims “attendance issues,”
- the employer refuses accommodation,
- you’re pushed to resign,
- or you’re denied disability benefits while off.
If you believe you were treated unfairly after a medical absence, getting advice early can make a big difference.
Frequently Asked Questions
How many sick days per year in Ontario?
For most Ontario employees under the ESA: 3 unpaid, job-protected sick days per calendar year, after 2 consecutive weeks of employment.
Are employers required to provide paid sick days in Ontario?
Generally, no. ESA sick leave is unpaid. Paid sick days usually come from an employer policy or contract.
Can my employer demand a doctor’s note for one of my ESA sick days?
For the ESA’s 3 sick days, an employer can ask for reasonable evidence, but cannot require a certificate from a qualified health practitioner as evidence of entitlement.
What if I’m sick longer than 3 days?
You may qualify for Ontario long-term illness leave (up to 27 weeks, unpaid, job-protected) if you meet eligibility requirements and provide the required certificate.
Do federal rules give 10 paid sick days in Ontario?
Only for federally regulated employees. Under the Canada Labour Code, eligible employees can accrue up to 10 days of medical leave with pay per calendar year.
Speak With an Ontario Employment & Disability Lawyer
At Kotak Law, we represent employees across Ontario in:
- Short-term disability disputes
- Long-term disability denials
- Wrongful dismissal cases
- Disability-related workplace terminations
If your sick leave has turned into a larger legal issue, contact us for a confidential consultation.
