Sick Leave in Ontario: What Employers and Employees Need to Know

From 3-day sick leave to 27-week critical illness leave, understand Ontario’s latest workplace leave policies and what they mean for you.

Ontario’s workplace legislation has introduced significant updates to employee leave provisions through recent legislation. These changes create distinct categories of leave entitlements that both employees and employers need to understand.

Basic Sick Leave Entitlements

The Employment Standards Act, 2000 (ESA) provides basic sick leave provisions:

• 3 unpaid sick days per calendar year
• Available to all employees (full-time, part-time, temporary) employed for at least two consecutive weeks
• No medical certificate required for these basic ESA sick days
• Job-protected leave with anti-reprisal provisions

New Critical Illness Leave Program

Starting June 19, 2025, Ontario introduces an additional leave category:

• 27-week unpaid critical illness leave for life-threatening conditions
• Requires 6 consecutive months of employment
• Applies to conditions requiring prolonged treatment or recovery
• Separate from and additional to the basic 3-day sick leave entitlement

Documentation Requirements

Understanding when medical documentation can be requested:

When Medical Notes Cannot Be Required

• For the basic 3 ESA sick days

When Medical Documentation May Be Requested

• Absences beyond the 3 ESA sick days
• Accommodation requests under the Human Rights Code
• WSIB claims
• Return-to-work planning
• Critical illness leave verification

Employer Obligations

Organizations must ensure compliance with these requirements:

Policy Updates Required

1. Remove blanket medical note requirements for ESA sick days
2. Update policies to include 27-week critical illness leave by June 19, 2025
3. Post the ESA information poster in the workplace
4. Maintain clear records of leave usage

Implementation Best Practices

1. Train managers on documentation requirements
2. Establish clear leave request procedures
3. Ensure non-discriminatory application of policies
4. Maintain confidential medical information handling
5. Understand accommodation duties under the Human Rights Code

Enforcement and Consequences

The Ministry of Labour enforces these provisions with significant penalties:

• Individual fines up to $100,000 for ESA violations
• Corporate fines up to $500,000
• Additional penalties possible through Human Rights Tribunal
• Separate remedies available through wrongful dismissal claims

Remote Work Considerations

While maintaining consistent leave policies across work arrangements:

• Implement clear remote leave reporting procedures
• Ensure equal access to leave benefits regardless of work location
• Maintain proper documentation systems
• Protect confidentiality in digital communications

Stay Compliant

Key compliance points for employers:

1. Distinguish between ESA sick leave and critical illness leave
2. Update policies by required deadlines
3. Train supervisors on proper leave administration
4. Maintain accurate leave records
5. Consider accommodation duties under the Human Rights Code

Professional Guidance & Support

Navigating these leave provisions can be complex for both employers and employees. Boardwalk Law’s employment law team provides strategic insight and practical solutions to help you understand and implement these changes effectively. Our client-centered approach ensures you receive timely, personalized advice tailored to your specific situation. Contact our employment law team at [phone number] or visit boardwalklaw.ca to schedule a consultation and ensure your workplace is fully compliant with Ontario’s 2025 leave requirements.