Sick days in Ontario: Employee entitlements and employer obligations

Published 24 July 2026

Table of contents

• How many sick days do employees get in Ontario?
• Who is eligible for sick leave and when can you use it?
• Are sick days paid in Ontario?
• How ESA sick leave compares to federal sick leave rules
• Can an employer ask for a medical note?
• How do partial days and carryover work?
• What are employer obligations under the ESA?
• What changed recently and what is next
• Simplify sick leave compliance with Xero
• FAQs on sick days in Ontario

Key takeaways

• Ontario employees are entitled to three unpaid, job-protected sick days per calendar year under the ESA, covering illness, injury, medical emergencies, and appointments.
• Eligibility begins after two consecutive weeks of employment and applies to full-time, part-time, and temporary workers covered by the ESA.
• As of 28 October 2024, employers cannot require a medical note for ESA sick leave but can request reasonable non-medical proof of entitlement.
• Any portion of a day taken as sick leave counts as one full day, and the three-day entitlement resets each 1 January without carryover or payout.

How many sick days do employees get in Ontario?

In Ontario, most employees are entitled to up to three days of unpaid, job-protected sick leave each year. These days cover illness, injury, medical emergencies, and medical appointments for the employee themselves.

The Employment Standards Act (ESA) sets the minimum standard, but your employment contracts, collective agreements, or workplace policies can offer more generous terms, such as additional days, paid sick leave, or broader definitions of what qualifies. Many Ontario employers choose to provide paid sick days as part of their benefits package to attract and retain talent, even though the ESA doesn't require it.

These three days are separate from other ESA leave entitlements, such as family responsibility leave (used for family member illness or emergencies) or personal emergency leave provisions. Each type of leave has its own eligibility rules and annual limits, so keep your policy documentation clear to avoid confusion.

For the most current ESA sick leave rules, visit the Ontario sick leave guide on the Ontario.ca website.

Who is eligible for sick leave and when can you use it?

Eligibility begins after an employee has worked for you for two consecutive weeks. This applies to full-time, part-time, and temporary staff—essentially anyone covered by the ESA.

Independent contractors are not employees under the ESA and therefore don't qualify for these statutory sick days.

Employees can use their three annual sick days for the following purposes:

• personal illness or injury
• medical emergencies
• medical, dental, or other health-related appointments

The ESA doesn't require employees to use sick days in any particular order or to exhaust other leave types first. If your workplace has a collective agreement or an employment contract that provides better terms, such as five paid sick days or the ability to use leave for preventive care, those terms apply instead of the ESA minimum.

Collective agreements often supersede ESA minimums, so review your agreements and consult with legal or human resources (HR) advisors if you're unsure how the rules apply to your team.

Are sick days paid in Ontario?

No, the three ESA sick days are unpaid. Employees are entitled to take the time off without losing their job, but they don't receive wages for those days unless you choose to offer paid sick leave as part of your benefits or employment agreement.

Many Ontario employers do provide paid sick days voluntarily, either as a standalone benefit or bundled into a broader paid time off (PTO) policy. Offering paid sick leave can improve employee morale, reduce presenteeism (when sick employees come to work and spread illness), and help you compete for talent in a tight labour market.

For provincially regulated businesses in Ontario, the ESA is your baseline. Anything you offer beyond the 3 unpaid days is at your discretion.

How ESA sick leave compares to federal sick leave rules

Ontario's ESA sick leave rules apply to most employees in the province, but not all. If you employ workers in federally regulated industries, different rules apply under the Canada Labour Code (CLC).

Federally regulated employees work in industries that fall under federal jurisdiction, including:

• banking and financial services
• telecommunications and broadcasting
• interprovincial transport (for example, trucking, rail, and airlines)
• Federal Crown corporations and government departments

Most Ontario businesses are provincially regulated and follow the ESA. If you're unsure which rules apply to your workforce, check government resources or engage a local payroll or accounting expert.

How the entitlements differ:

The leave accrues over time; for example, the first three days will be earned after an employee completes a 30-day qualifying period.

The rules state that a medical certificate can be requested, but only after an employee has taken five or more consecutive days of medical leave.

If you employ a mix of provincially and federally regulated workers, apply the correct rules to each group. Review federal paid sick leave provisions to confirm your obligations for federally regulated staff.

If you don't comply with these regulations, you can face significant penalties, and fines for a small business that doesn't provide medical leave can reach $3,000.

Can an employer ask for a medical note?

As of 28 October 2024, Ontario employers cannot require a medical note or certificate from a regulated health professional for ESA sick leave. This change was introduced to reduce barriers to taking sick leave and to ease the administrative burden on healthcare providers.

However, you can still request reasonable proof of entitlement, meaning evidence that the employee was entitled to take the leave, as long as it doesn't require a medical professional's involvement.

What notice should employees give?

Employees should notify youbefore their sick leave starts, whenever possible. If that's not feasible—for example, in a sudden medical emergency—they should inform you as soon as reasonably possible after the leave begins.

Set clear expectations in your employee handbook about how and when to notify you (e.g. call, email, or text by a certain time), but remember that the ESA doesn't prescribe a specific notice period. Your policy should be flexible enough to accommodate genuine emergencies.

What proof can be requested instead of a note?

You can ask for non-medical proof that supports the employee's entitlement to sick leave. Acceptable examples include:

• a copy of an appointment confirmation (email, text, or letter from a clinic)
• a pharmacy receipt showing the date and the employee's name
• a statutory declaration signed by the employee
• a written statement from the employee explaining the reason for leave

Limit what you collect to what's necessary to confirm entitlement, and always protect employee privacy. Don't ask for details about diagnoses, treatment plans, or other personal health information. Store any documentation securely and restrict access to HR or management personnel who need it for recordkeeping.

For more guidance on acceptable proof, see the provincial employment standards overview and consult your legal advisor if you're uncertain.

How do partial days and carryover work?

Understanding how the ESA counts sick days—and whether they carry over—is essential for accurate tracking and clear communication with your team.

Do partial days count as a full day?

Yes. If an employee takes any portion of a day as sick leave under the ESA, it counts as one full day toward their three-day annual entitlement. For example, if someone leaves two hours early for a medical appointment, that uses one of their 3 ESA sick days for the year.

This "any part of a day" rule applies to all ESA leave types, so make sure your policy and your payroll system reflect it. If you offer a more generous policy—such as allowing employees to take sick leave in hourly increments without depleting their three statutory days—document that clearly in your employee handbook.

Do sick days carry over each year?

No, ESA sick leave does not carry over. The three-day entitlement resets at the start of each calendar year (January 1), and any unused days from the previous year are lost. Employees are not entitled to payment for unused ESA sick days at the end of the year or upon termination.

If you choose to offer a more generous sick leave or PTO policy that includes carryover or payout provisions, that's a voluntary benefit and should be clearly outlined in your employment contracts or policies.

What are employer obligations under the ESA?

Ontario employers must comply with several key obligations to ensure employees can exercise their ESA sick leave rights without penalty or administrative barriers.

Create a clear sick leave policy

Your policy should spell out the following key elements:

• Eligibility: Who qualifies (all employees after two weeks) and when the entitlement starts
• Valid reasons: Illness, injury, medical emergencies, and appointments
• Notice and proof requirements: How and when employees should notify you, and what non-medical proof you may request
• How partial days are counted: Clarify that any part of a day counts as one full day
• Annual reset: Confirm that the three days reset each 1 January and don't carry over

Distribute your policy during onboarding and make it easily accessible in your employee handbook or intranet. Update it whenever the ESA changes, and train your managers to apply it consistently.

Track leave and protect employee privacy

Accurate tracking ensures you know how many days each employee has used and helps you spot patterns that might indicate broader issues (such as workplace safety concerns or high stress).

Best practices for tracking include the following approaches:

• Maintain a simple leave ledger or use payroll compliance software to record each sick day taken.
• Restrict access to leave records to HR and management personnel who need it.
• Store any proof of entitlement (appointment confirmations, statutory declarations) in a secure, confidential file—separate from general personnel files if possible.
• Never share health-related information with colleagues or use it for any purpose other than confirming entitlement.

Protecting privacy isn't just good practice—it's a legal requirement under Ontario's privacy laws and helps build trust with your team.

Set up payroll and recordkeeping

Even though ESA sick days are unpaid, you still need to track them for compliance and reporting purposes. Here's how to set up your systems properly:

• Use payroll software: A Canadian payroll app can automatically track leave balances, flag when an employee has used all three days, and generate reports for audits or Ministry of Labour inquiries. Payroll integrations help you code sick leave consistently and keep records audit-ready.
• Code sick leave separately: In your accounting or payroll system, create a distinct code for ESA sick leave so you can easily distinguish it from vacation, personal days, or other leave types.
• In Ontario, it's important to maintain records related to any employee leave; this information must be kept for three years after the day the leave expired.

Train managers on compliant conversations

Your frontline managers are often the first point of contact when an employee requests sick leave. Equip them with clear guidelines on what they can and can't ask, and when to escalate issues.

Here's what managers should do when handling sick leave requests:

• Accept notice by phone, email, or text as outlined in your policy.
• Ask for reasonable, non-medical proof if your policy requires it.
• Respect employee privacy and keep health information confidential.
• Document the leave request and update your tracking system promptly.

Managers should avoid these common mistakes:

• demanding a medical note or certificate from a doctor
• asking for details about the employee's diagnosis, treatment, or prognosis
• penalizing, disciplining, or threatening an employee for taking ESA sick leave
• sharing health-related information with co-workers or using it to make staffing decisions

When to escalate: If an employee's leave pattern raises concerns (such as frequent Monday absences or leave immediately before or after weekends), consult your HR advisor or employment lawyer before taking action. Addressing potential abuse requires careful documentation and a fair process to avoid reprisal claims.

What changed recently and what is next?

Medical note ban from 28 October 2024: The most significant recent change is that Ontario employers can no longer require a medical note or certificate from a regulated health professional for ESA sick leave. This amendment aims to reduce barriers to taking leave and to ease pressure on the healthcare system.

Federal sick leave updates: For federally regulated workplaces, employees are now entitled to paid medical leave, and as of 1 December 2022, they can accrue up to 10 days each year.

If you employ federally regulated staff, review federal paid sick leave rules to ensure compliance.

Employment standards legislation evolves regularly. Stay informed by taking these steps:

• subscribing to updates from the Ontario Ministry of Labour, Immigration, Training and Skills Development
• reviewing the Ontario ESA sick leave guide at least annually
• consulting with an employment lawyer or HR advisor when you update your policies or hire new staff
• monitoring federal changes if you have employees in federally regulated sectors

For broader context on Canada medical leave and related programs, see the EI sickness benefits page.

Simplify sick leave compliance with Xero

You can track leave, keep accurate records, and stay compliant with Ontario and federal rules more easily when your payroll and accounting live in one place. Get one month free when you sign up for Xero.

FAQs on sick days in Ontario

Here are answers to common questions about ESA sick leave in Ontario, from eligibility during probation to what happens when an employee needs more time off than the ESA provides.

Do sick days apply during a probationary period?

Employees qualify for ESA sick leave after two consecutive weeks of employment, even if your probationary period is longer, so you need to allow access to their three sick days once they pass that two-week mark.

Does everyone in Canada get 5 sick days, or does it depend on where you work?

It depends on whether you're provincially or federally regulated. Ontario ESA employees get three unpaid sick days per year. Federally regulated employees under the Canada Labour Code can accrue up to 10 paid sick days each year, with the first three days earned after 30 days of continuous employment.

Can I require an employee to make up time missed due to a sick day?

No. The ESA does not allow you to require employees to make up time taken as job-protected sick leave. Doing so would effectively penalize the employee for exercising a statutory right.

What happens if an employee needs more than 3 sick days in a year?

After an employee uses their three ESA sick days, you need to assess any further absence under your other leave policies, possible ESA leave types, and EI sickness benefits, and decide whether to offer additional paid or unpaid time off.

Can I discipline an employee for a pattern of sick leave absences?

You can't discipline an employee for taking their three ESA sick days. If staff absences exceed the statutory entitlement or suggest a pattern outside ESA-protected leave, consult an employment lawyer before taking any action to ensure your process is fair, documented, and legally defensible.