Navigating sick leave policies can be confusing for both employees and employers. In Ontario, the rules surrounding sick leave and medical documentation are governed by the Employment Standards Act (ESA) and the Human Rights Code. This blog breaks down your rights and obligations to ensure clarity and compliance.

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1. Entitlement to Sick Leave Under the ESA

• Unpaid, Job-Protected Leave: Ontario employees are entitled to three unpaid days of sick leave per calendar year. This applies to personal illness, injury, or medical emergencies.
• Eligibility: Employees qualify after just two consecutive weeks of employment. The three days reset every January 1.
• Flexibility: Leave can be taken in full or partial days (e.g., leaving early for a medical appointment).

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2. Medical Documentation: What Employers Can Ask For

• Reasonable Evidence: Employers may request proof that is "reasonable in the circumstances" for ESA-protected leave. This does not require a doctor’s note and could include:
  
  • A note from a nurse, pharmacist, or other healthcare provider.
  • A signed statement from the employee.
• No Diagnosis Required: Employers cannot demand specifics about your condition, only confirmation that the leave was necessary.
• Extended Absences: For leaves beyond three days (e.g., disability accommodations), employers may request medical documentation outlining functional limitations and accommodation needs but not diagnostic details.

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3. Extended Illnesses and Human Rights Protections

Under the Ontario Human Rights Code, employers must accommodate employees with disabilities up to the point of undue hardship. This could include:

• Extended Unpaid Leave: Beyond the three ESA days, if medically justified.
• Customized Accommodations: Modified duties or schedules.
• Privacy Protections: Employers can only request medical information relevant to accommodation needs.

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4. Federal Employment Insurance (EI) Sickness Benefits

• Financial Support: If unable to work due to illness, employees may apply for EI sickness benefits, providing up to 15 weeks of income replacement.
• Medical Certificate Required: A doctor or nurse practitioner must certify the inability to work.

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5. Employer Policies vs. Legal Minimums

• Enhanced Benefits: Many employers offer paid sick days beyond the ESA’s three unpaid days. These are governed by employment contracts or collective agreements.
• Attendance Policies: Employers cannot penalize employees for using ESA entitlements (e.g., demotion or termination).

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6. Best Practices for Employees

• Communicate Promptly: Inform your employer as soon as possible about your absence.
• Know Your Rights: You cannot be disciplined for taking ESA-protected leave.
• Documentation: Keep records of medical requests and communications with your employer.

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7. Best Practices for Employers

• Avoid Overreach: Do not require doctor’s notes for short ESA absences. Accept reasonable alternatives.
• Accommodate Proactively: Engage in dialogue with employees needing extended leave and respect privacy boundaries.
• Stay Informed: Regularly review ESA updates and consult legal counsel for complex cases.

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What If Your Rights Are Violated?

Employees facing reprisals (e.g., termination or demotion for taking sick leave) can file a claim with the Ontario Ministry of Labour within two years. Employers found violating the ESA may face penalties or reinstatement orders.

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Conclusion

Ontario’s sick leave framework balances employee protections with employer flexibility. While the ESA provides a baseline of three unpaid days, the Human Rights Code and federal EI program offer additional layers of support. Both employees and employers should prioritize clear communication and documentation to avoid disputes.

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Free Consultation with London Employment Lawyers

Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.

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