In Ontario under the Employment Standards Act (ESA), most employees who have worked for an employer for at least two consecutive weeks may take up to three days of unpaid job-protected sick leave each calendar year due to a personal illness, injury or medical emergency.
As of October 28, 2024, employers are no longer allowed to ask their employees for a sick note from a doctor as evidence of entitlement to these three unpaid sick days unless it’s “reasonable in the circumstances”. What is reasonable will depend on all facts of the situation, such as the sick leave duration, whether there is a pattern of absences, whether any evidence is available, and the cost of obtaining the evidence.
An employer may request only the following information in a sick note for the ESA’s unpaid sick days:
- the length or expected length of the employee’s absence;
- the date the employee was seen by a health care professional; and
- whether the employee was examined in person by the health care professional issuing the note.
Sick notes for the up to three unpaid sick days under the ESA may now be issued by a doctor, registered nurse or psychologist.
Businesses that voluntarily offer paid sick days are not affected by the new sick notes policy.
For more information, please contact CFIB’s Business Advisors at cfib@cfib.ca or 1-833-568-2342.
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