How many sick days can I take from work, and when do I need to provide a doctor’s note?

You’re entitled to take up to three days of job-protected, unpaid leave per calendar year in Ontario. You may be eligible for more depending on your employer’s benefits package. 

According to the Employment Standards Act (ESA), three days of job-protected leave is the bare minimum an employer must offer you, and they can’t discipline or fire you for requesting this time off. To qualify for these unpaid days off, you must have worked for the same company for at least two consecutive weeks before requesting the time. Many companies allow you to take paid sick days, but they are not obligated to. 

Although the ESA minimum is three days, always check your employee contract or collective agreement (if your workplace is unionized) to see what your employer’s absence rules are because you might be eligible for more days and even paid sick days off. 

Note: Certain industries and professions, such as federally regulated professions, are not covered by the ESA and have their own rules. For a list of these professions, see the “Industries and jobs with exceptions and special rules” page from the Government of Ontario website. 

What are the different types of leaves of absence?

There are different types of job-protected leaves under the Ontario ESA that should be listed in your employee contract. These include:

  • Personal emergency leave 
  • Pregnancy - maternity/parental leave
  • Family caregiver leave
  • Critical illness leave
  • Bereavement leave (someone dies) 
  • Domestic or sexual violence leave
  • Public holidays
  • Reservist leave (Canadian Armed Forces)
  • Infectious disease emergency leave (public health threats or pandemics)

Proof of Absence and Medical Notes

Your employer might require evidence for why you need the time off depending on the length of your absence. It’s good practice to let your employer know, within reason, why you need the time off, but you are not obligated to provide specific details about the situation. For example, you can request a sick day or a day off for an appointment, like a medical procedure or exam, but you are not obligated to give specifics about your medical condition. 

Your employer does not have the right to ask you for a doctor’s note or any type of proof within a three-day ESA request. But if there is a pattern of repeated absences, your employer may have the right to ask you for proof. 

If you’re requesting an extended leave of more than three days, the employer has the right to request proof of absence. In this case, you may be asked to provide more specific information, such as a medical note (at your own expense), and an explanation of why you need the time off.

Employer Policy Manuals and Collective Agreements

Companies are not required by law to have a full policy manual or handbook, but they must provide staff with some form of written documentation of their rules and expectations. Employers cannot enforce rules that have not been communicated to staff.

Most medium-to-large-sized companies have a detailed policy manual or a collective agreement that offers more paid sick days entitlement than the statutory minimum. They may also set out expectations for when you must provide proof of absence. If a policy manual or collective agreement lists more than three days, those are the rules that apply to your workplace, and you should go by them.

In the absence of a policy manual, you can confidently apply the ESA rules as your minimum work entitlement. 

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Last updated: October 22, 2026 4006742