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Frequently Asked Questions

SICK LEAVE FOR EMPLOYEES

  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
What are my rights to sick leave in Canada?

Sick leave entitlements vary depending on where you work:

  • Federal employees: You are entitled to 10 days of paid sick leave per year after 3 months of employment.
  • Provincial employees: Each province has its own laws.
    • For example, in Ontario: You get 3 unpaid sick days per year after 2 weeks of employment. Your employer doesn’t have to pay you for these days. In addition, the Ontario government has recently announced a new Long-Term Illness Leave which will provide employees with an unpaid, job protected leave of up to 27 weeks if the employee is unable to perform the duties of their position because of a serious medical condition. This new leave comes into effect on June 19, 2025.
  • Check your employment contract: Your contract might give you more sick leave than the minimum required by law.
  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
What can I use sick leave for?

Sick leave is typically used for:

  • Personal illness or injury: When you can’t work due to your own health.
  • Medical appointments: For going to the doctor or getting medical treatments.
  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
Do I need a doctor’s note for sick leave?

This depends on your employer’s policy and how long you’re off work. Some employers might require a doctor’s note for absences longer than a certain number of days.

  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
What’s the difference between sick leave and disability benefits?
  • Sick leave: Short-term leave for minor illnesses or injuries. It might be paid or unpaid.
  • Disability benefits: Longer-term benefits from an insurance plan (your employer’s or a private one) when you have a serious illness or injury that keeps you from working for a long time.

Disability benefits can provide income replacement when someone is unable to work; that is entirely separate from the entitlement to time off.

  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
What if I don’t qualify for disability benefits but I’m still too sick to work?

Even if you don’t qualify for disability benefits, you may still be entitled to time off and be protected from being fired under human rights laws if your absence is related to a disability. Talk to an employment lawyer to understand your rights. Just because you are not eligible for disability benefits does not mean you are able to work; those are two entirely different issues.

  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
Where can I find more information about sick leave?
  • Provincial variations: Sick leave laws are different across Canada.
  • Seek legal advice: Get legal advice for your specific situation and location.
Employment Lawyers - Rudner Law
Alternative Dispute Resolution Rudner Law

Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

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