When to Request a Sick Note in Ontario: What Employers Need to Know
By Marta Gongos Recent changes to Ontario law now state that employees can take up to three days of job-protected sick leave each calendar year for injury, illness, or medical injury. These days are unpaid, but the employee is protected under the Employment Standards Act law, meaning they have the right to return to their job without anything changing.
In this blog, we’ll guide you through the changes in Ontario’s sick note policy, when to request a sick note from your employees, some compliance tips, and advice on sick leave policies for you as the employer. Discover how updating your leave policy can attract top talent and improve your business.
Are Sick Notes Required in Ontario? Key Changes in the Sick Leave Policy
As of October 2024, sick notes in Ontario are no longer needed for every sick leave. Before, employers could ask their employees for a sick note upon returning to work after an absence. Now, they’re no longer allowed to request a sick note as proof of why they didn’t come to work for up to three consecutive days.
As the Employment Standards Act states, you can’t ask employees for a sick note from a “qualified health practitioner,” defined as a registered nurse, physician, or psychologist.
When Can an Employer Request a Sick Note?
If it’s “reasonable in the circumstances,” you may ask your employee for a sick note from other healthcare professionals. Whether it’s considered “reasonable” depends on many factors, including the duration of the leave, whether the employee takes sick days often, whether they have evidence and the cost of that evidence.
You may want to request a sick note if:
- They take prolonged absences (more than three days).
- They require workplace accommodation when modifications to schedules or duties are needed due to a medical condition.
- You need to confirm the employee’s ability to return to work after an extended absence.
What Should a Sick Note Include?
If you decide to ask your employee for a sick note, you can request the following information:
- The length of your employee’s absence
- The date a healthcare professional saw them
- Whether they were examined in person by the healthcare professional who wrote the note.
There’s no need to disclose personal information; you can’t ask for a medical diagnosis or your employee’s past medical history.
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What is Considered “Reasonable” for Sick Leave?
Sick leave days can be taken for injuries, illnesses, and medical emergencies, whether caused by the employee or for reasons beyond their control.
For example, an employee who burned their hand while trying to torch a dessert at home would still be entitled to sick leave, despite the injury resulting from their daring cooking experiment.
In most cases, employees can also take sick leave for pre-planned elective surgery for a medical illness or injury, even though it was scheduled beforehand.
The only thing employees can’t take sick leave for is cosmetic surgery that isn’t medically required or is unrelated to an injury or illness.
What’s the Length of Sick Leave in Ontario?
Employees can take up to three sick days per calendar year once they’ve worked for their employer for at least two consecutive weeks, whether part-time or full-time. Anything more than three days won’t be protected under ESA law.
The three sick days aren’t prorated, meaning employees who started work halfway through the year are entitled to them for the rest of the calendar year.
A few other key things to note:
- The three sick days can’t be carried over to the next year
- The three days don’t have to be used consecutively
- Employees may use sick leave as full days, partial days, or over multiple consecutive days. If an employee takes part of a day as sick leave, the employer may record it as a full day; it’s at their discretion.
Sick Leave Notice Requirements
Employees should inform their employer as soon as possible before taking the leave. If they must take sick leave suddenly, they should inform the employer as soon as possible after starting it. Additionally, employees don’t need to provide written notice; simply telling them face-to-face is sufficient.
Employee Rights During Sick Leave
Employees who take sick leave have the same rights as employees who take pregnancy or parental leave. This means they have the following rights.
The Right to Reinstatement
Employees are entitled to have the same job before the sick leave began or a comparable job (if they had a long absence and their old job no longer exists). In either case, they must be paid at least as much as they earned before the leave. If wages have gone up, the employer must pay the higher wage.
The Right to Be Free from Penalty
Employers can’t penalize employees in any way for:
- Taking sick leave
- Planning to take sick leave (for a planned medical procedure)
- Asking questions about their sick leave policy
If you threaten or penalize your employee in any way, this is considered a reprisal, which isn’t allowed.
Employees who take sick leave also have the right to continue participating in benefit plans and earning credits for the length of their employment, service, and seniority.
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Exemptions for Employers Offering Paid Sick Days
There are two ways sick leave can work, depending on the employee’s contract:
- If the employment contract provides better sick leave benefits than ESA law requires, these contract rules apply instead. For example, an employee’s contract states they get ten paid sick days per year. The employee will follow the contract since it offers more days than the ESA.
- If the contract does not offer better benefits, then the basic sick leave rules under the ESA apply. For example, an employee’s contract doesn’t mention sick leave. Thus, they will get three unpaid sick days as per the ESA.
Implications on Sick Days for Employers
Ontario scrapping sick notes introduced several changes in the workplace, impacting how you should manage an employee’s absence. With the updated regulations, HR teams need to adjust policies to comply with the ESA legal requirements, including:
- Updating procedures and training managers to handle sick leave requests
- Properly documenting sick leave requests while protecting employee privacy
- Preventing employees from taking excess sick days while maintaining a trusting environment.
Considerations for Managing Sick Leave Requests
Establish clear, fair procedures when handling statutory sick leave requests. Here are some best practices to adopt:
- Set clear rules for when employees must provide a doctor’s note or other documentation.
- Standardize the request process by using HR software or other forms
- Be flexible and understand that some illnesses don’t need medical documentation.
- Encourage employees to use sick leave when necessary, without being penalized.
Compliance Tips for Employers on Sick Leave Policies
As an employer, here are some practical compliance tips on how to deal with the new sick leave policy.
Update Sick Leave Policies
Review and update your existing sick leave policies to align with the new ESA legal requirements. Consider including paid sick days, which can greatly help with employee retention and foster a better environment if employees feel too sick to come to work.
Outline the number of sick days employees are entitled to, whether paid or unpaid, and the process for requesting sick leave. This policy should be accessible to all employees.
Train Staff on the Revised Requirements
Make sure that staff, including HR, supervisors, and managers, understand the new sick leave policy and how it applies. To help prevent miscommunication and ensure compliance with the law, provide them with written guidelines or conduct training sessions if necessary.
Set Up Protocols for Requesting “Reasonable” Sick Leave Evidence
You can request a sick note from employees, but only in certain scenarios, and you can’t ask for too much personal information. Establish clear guidelines on what evidence you can ask for while respecting your employees’ privacy. Let employees know these protocols in advance.
Implement Communication Strategies with Staff
Employees might not know about this new policy change, so keep them informed about their rights and responsibilities during sick leave. Be open and allow them to ask questions without fear of being reprimanded.
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Supporting Employees with Paid Sick Days
While the ESA sick leave policy is a start, you can foster a better workplace culture and environment by providing paid sick days to employees, whether for minor illnesses or major ones. Although it may cost you in the short term, employers with paid sick leave policies see greater benefits in the long term. Here’s why you should consider adopting a paid sick leave policy.
Reduce Employee Turnover
Providing paid sick days can reduce employee turnover. For most businesses, the cost of replacing one experienced staff member is far greater than providing paid sick days for the entire team. A benefits package that includes paid sick days will make your company more attractive to top talent.
Put yourself in your employees’ shoes. You’d be more likely to stay with an employer who values your well-being than one who doesn’t.
Better Workplace Morale and Productivity
Businesses that provide paid sick leave often have more productive employees with a higher morale. In turn, they pass that along to clients or customers by providing a better experience.
Employees are far more motivated and engaged when they don’t have to work while sick, leading to a more positive work environment.
Less Stress and a Healthier Workplace
Allowing employees to take paid sick days reduces the likelihood of spreading an illness to other employees around them. This will lead to fewer absences since healthy employees won’t get sick.
Financial Benefits for the Business
Adopting a paid sick leave policy can reduce costs in the long run by allowing employees to recover before their illness gets worse, and they end up spreading it to others on the team. There will also be fewer turnover costs associated with hiring and training new employees.
Supports Workplace Diversity, Equity, and Inclusion
Paid sick leave is game-changing for lower-income employees who may otherwise feel forced to work, even when sick. Ensuring the entire team can take sick days when needed promotes workplace equality and supports a healthier, more inclusive work environment.
Frequently Asked Questions
Here are some answers to commonly asked questions on when to request a sick note in Ontario.
What if an Employee Needs More Than Three Sick Days?
If your employee takes more than three sick days, you’re legally not required to provide more unpaid sick leave under the ESA. However, you might want to consider implementing an extended paid or unpaid sick leave policy.
Can an Employer Deny an Employee’s Sick Leave Request?
Employers can’t deny employees from taking up to three unpaid sick days for any reason. They also can’t penalize or retaliate against employees for taking sick leave.
Find Your Next Dream Team with Ad Culture
Adapting to the new sick leave policy is more than just compliance—it’s an opportunity to create a healthier, more productive workplace. Understanding when to request a sick note, updating your policies, training staff, and fostering a trusting work culture can improve your employees’ well-being, making your company truly successful.
At Ad Culture, we specialize in helping businesses build top-tier teams that thrive in supportive and vibrant work environments. Contact us today to find your next dream team—one that’s built to last.
