Can I Be Fired for Taking Sick Days in Ontario?
A question many employees would rather whisper to their computer is whether they can be fired for taking sick days. The answer Ontario whispers back isn’t a simple yes or no. Employers do have the right to manage their workplace, even as the law protects your right to take sick days without losing your job. If you’re unsure where you stand, we’re here to help you make sense of it, so you can feel confident about your rights and next steps.
Your Right to Sick Leave in Ontario
In Ontario, employees are entitled to up to three job-protected, unpaid sick days each calendar year, starting just two weeks after they begin employment. This extends to full-time, part-time, and temporary workers alike, with no prorating. Even if you were hired at the end of the year when Holiday decorations go up, you get the full three days.
Sick days can be used in full or partially, and while an employer can count a half-day absence as one full day toward the total, they must still pay for any hours actually worked and include those in overtime or weekly hour calculations.
Employees can take these days for personal illness, injury, or medical emergencies, regardless of how the condition occurred, even if it resulted from personal choices or avoidable situations. Employers may request reasonable proof that the leave was needed, but as of October 28, 2024, they may no longer require a doctor’s note. You should still notify your employer before or as soon as possible after taking leave but failing to do so doesn’t cancel your right to the time off.
When Termination Becomes a Concern
If you’re genuinely sick and are taking time off to recover, that’s protected. But, employers keep a watchful eye for red flags like calling in sick frequently without a good reason, giving convoluted explanations, or catching you being dishonest.
There’s also a difference between a few sick days here and there and ongoing health issues. If an employee is often missing-in-action, even for real medical reasons, the employer might eventually wonder if they are fit for the job. In rare, serious cases, this could lead to what’s called “frustration of contract,” which only applies in cases that are well-documented.
The Duty to Accommodate
When an illness is part of a larger disability, whether physical or mental, the conversation shifts from just using sick days to a legal responsibility under human rights law. In Ontario, employers aren’t allowed to simply treat ongoing health issues as performance problems. Instead, they have a duty to accommodate, which means making real efforts to help the employee stay at work.
That accommodation can look different for each person: adjusted duties, a lighter workload, flexible hours, working from home, or time off for treatment. The goal is to find a fair and workable path forward. But it’s a two-way street: employees should communicate their needs and, when needed, share medical details about what they can or can’t do, without providing their diagnosis. Employers, in turn, must take this seriously, explore options in good faith, and only stop if the accommodation would cause serious difficulty or cost, which the law calls “undue hardship.”
If an employer skips this process and decides to terminate you instead, they could face both human rights claims and wrongful dismissal lawsuits.
What If You Are Terminated?
If you are let go after taking time off for health reasons, the context matters.
If it seems like your termination was tied to your illness, especially if your employer never tried to support you or provide accommodations, that could be a case of wrongful dismissal or even a human rights issue. Even if your employer feels confident their decision is justified, consider: How much time did you take off? Was there a pattern? How did they respond?
You shouldn’t feel guilty when you’re unwell and need time to tend to yourself. Ontario law understands that people get sick and provides protection for that very reason. But how you manage it shapes how it’s seen.
If you’re worried about how your sick leave was handled, or if you’ve been let go and aren’t sure why, talking to a Toronto employment lawyer can help you understand your next steps. You have options.
At Lecker & Associates, we assist employees across Ontario in reviewing severance offers, assessing wrongful dismissal claims and negotiating termination packages to help ensure employees receive fair compensation following dismissal. We can be reached at 416-223-5391 or intake@leckerslaw.com for a confidential consultation.
FAQs: Sick Leave in Ontario
No, not for using your sick days the right way. You get three job-protected days a year by law, and your employer can’t fire you just for taking them. If they do, that could be a legal issue. But if there are other concerns, like no communication, missing documentation, or a history of absences, they might have grounds.
Yes, but there are limits. Your employer can ask for proof that your sick day was legitimate, like a note saying you were unfit to work. But they can’t demand a full doctor’s note anymore. The request also has to make sense for the situation and can’t cross into your private medical details.
The three days under the ESA are just the baseline. If you’re off longer due to illness, other rights may apply. If your condition is protected under human rights law, like a disability, your employer has a duty to accommodate. That could include modified work, time off, or adjusted hours. The key is whether the accommodation is reasonable and doesn’t cause undue hardship.
They can, but it’s not automatic. If absences are frequent or long-term, an employer might say they can’t keep the role open. In rare cases, that could lead to termination under “frustration of contract.” But they have to show they tried to accommodate first, especially if there’s a health issue.
If you were fired not long after taking sick leave, pay attention to the timing. If your employer didn’t say anything about performance before, or didn’t try to find a way to keep you in your role, that could be a problem. It might not be a valid termination, especially if your leave was for a health issue.
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