SICK LEAVE FOR EMPLOYERS

Your obligations depend on whether you are a federally regulated employer or subject to provincial employment standards.

• Federal employers: You must provide 10 days of paid sick leave per year after 3 months of employment.
• Provincial employers: Rules vary by province.
  • In Ontario: You must provide 3 unpaid, job-protected sick days per year after 2 weeks of employment. You don’t have to pay employees for these days unless your company policy or contract says so. In addition, the Ontario government has recently announced a new Long-Term Illness Leave which will require employers to 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.
• Employment contracts: You can offer more sick leave in contracts.

Yes, you can usually ask for a doctor’s note, especially for longer absences. But be careful about privacy and make sure your policies follow the law.

• Sick leave: Short-term leave for minor illnesses, usually covered by your company policy.
• Disability benefits: Longer-term benefits for serious illnesses or injuries, usually provided through an insurance plan.

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

If an employee has a disability that prevents them from working, even without disability benefits, you might have to accommodate their disability under human rights laws. This could mean changing their duties or work arrangements.

Just because an employee is not (or no longer) eligible for disability benefits does not mean that they must return to work. They may still be medically unable to do so.

Firing an employee on sick leave is complicated and can be risky. Consider their length of service, the reason for their absence, and if they have a disability. Talk to an employment lawyer before doing anything.

• Federal employees: Employment and Social Development Canada (ESDC) website.
• Ontario employees: Ontario Ministry of Labour website.
• Legal counsel: Talk to an employment lawyer for advice on specific situations and following the law.