Need a day for illness or a loss? You're protected.
Ontario gives you job-protected days off when you're sick, when a loved one dies, or when family needs you. Here's exactly what you get — and the sick-note rule that changed in your favour.
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In 30 seconds, here's what's true
- You get up to 3 days of unpaid, job-protected sick leave each calendar year, once you've worked somewhere at least 2 weeks. Your employer can't punish you for taking them.
- Since October 28, 2024, your employer can't make you bring a doctor's note for these 3 sick days. They can ask for reasonable proof. But they can't demand a note from a doctor, nurse, or psychologist.
- You also get up to 2 days of unpaid bereavement leave a year when certain family members die, and up to 3 days of family-responsibility leave for a family member's illness or emergency.
- These are minimums under the Employment Standards Act. A half-day counts as a full day. The days don't carry over to next year. And they're unpaid, unless your employer offers better.
- For serious situations there's more. You can take up to 28 weeks of family medical leave to care for someone gravely ill. And there's a newer leave of up to 27 weeks for your own serious illness.
How the process works
Confirm you qualify
For sick, bereavement, and family-responsibility leave you need to have worked for your employer at least 2 consecutive weeks. Most employees — full-time, part-time, casual — are covered.
Tell your employer you're taking it
Tell them you're taking a job-protected leave under the Employment Standards Act. You don't need permission — it's a right. Tell them before the leave if you can. If it's an emergency, tell them as soon as you can after.
Know what they can and can't ask
For the 3 sick days, they can't demand a doctor's note. That changed on October 28, 2024. They can ask for reasonable proof, often a short written statement from you. For longer or non-ESA leave, a note may still be allowed.
Use the right leave for the situation
Bereavement leave is for the death of a covered family member. Family-responsibility leave is for a relative's illness, injury, or urgent matter. To care for someone gravely ill, ask about family medical leave, which is up to 28 weeks.
Push back on reprisal and get help
If you're fired, disciplined, or threatened for taking a protected leave, that's an illegal reprisal. Keep a record. Then contact the Ministry of Labour's Employment Standards Information Centre at 1-800-531-5551.
What to do next
- Confirm you've worked at least 2 weeks (sick/bereavement/family leave).
- Tell your employer you're taking an ESA job-protected leave.
- Remember they can't require a doctor's note for the 3 sick days.
- Use bereavement leave (2 days) for a covered family member's death.
- Ask about family medical leave (28 weeks) for a gravely ill relative.
- Keep notes if your employer reacts negatively — reprisal is illegal.
- Call the Ministry of Labour at 1-800-531-5551 if your rights are denied.
- Start a free PLAIN session to check your rights and plan next steps.
Common myths
| Myth | Reality |
|---|---|
| My employer can fire me for taking a sick day. | No. Punishing or firing you for taking a protected ESA leave is an illegal reprisal. |
| They can demand a doctor's note every time I'm sick. | Not for the 3 ESA sick days — since October 28, 2024, employers can't require a note from a doctor, nurse, or psychologist for them. |
| Sick days in Ontario are paid. | The ESA minimum is 3 unpaid days. Some employers offer paid sick time, but the law only requires unpaid, job-protected leave. |
| I have no right to time off when a family member dies. | You're entitled to up to 2 days of unpaid bereavement leave a year for the death of a covered family member. |
| If I use part of a day, I've used up a whole entitlement for nothing. | A partial day does count as one of your days — but you're still paid for any hours you actually worked that day. |
| Unused sick or bereavement days roll over to next year. | They don't carry over. The entitlement resets each calendar year. |
| There's no protected leave for a serious, long illness. | There is. It's a long-term illness leave of up to 27 weeks for your own serious illness, on top of the 3 sick days. |
| Part-time or casual workers don't get these leaves. | They do. The leaves apply no matter how many hours you work, once you meet the short service requirement. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
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