Quick answer: Most employees covered by Ontario’s ESA can take up to three unpaid, job-protected sick-leave days per calendar year after working for their employer for at least two consecutive weeks. An employment contract or workplace policy may provide paid days in addition to the ESA minimum.
What sick leave covers
The leave can be used because of the employee’s personal illness, injury or medical emergency. The three-day entitlement resets each calendar year and unused ESA days do not carry forward.
Is Ontario sick leave paid?
The ESA entitlement is unpaid. However, an employer policy, union agreement or employment contract may provide paid sick days. If a contractual paid day also covers the same reason, it may count toward the ESA entitlement when the policy meets the legal requirements.
How to notify your employer
Tell the employer before starting the leave when possible. If that is not possible, notify them as soon as you can. A written message provides a useful record, but an employee does not lose the leave only because notice was oral.
Can an employer ask for evidence?
An employer may ask for evidence that is reasonable in the circumstances. Under the ESA sick-leave rules, an employer cannot require a certificate from a qualified health practitioner as evidence for this three-day leave. Other disability, accommodation or benefit processes may involve different documentation rules.
Job protection
An employer cannot penalize an employee for taking a leave protected by the ESA. Employees should keep copies of notices, schedules and any discipline connected to the absence.
Longer medical absences
A serious medical condition may be covered by Ontario’s long-term illness leave or by workplace disability benefits. Employment Insurance sickness benefits are a separate federal program.
Verify the details in Ontario’s official sick leave guide, explore EI benefits, and browse more workplace rights articles.
This guide is educational and does not replace legal advice.
Leave a Reply