When to Request a Sick Note in Ontario: What Employers Need to Know

13 min read | Last Updated: Apr 8, 2026

By Stephen Pedder

Ontario employers can no longer require sick notes for absences of up to three days under the Employment Standards Act. Learn when requesting a sick note is reasonable, what evidence you can ask for, and how to stay compliant.

Recent changes to Ontario law now allow employees to take up to three days of job-protected sick leave each calendar year for injury, illness, or a medical emergency. These days are unpaid, but employees are protected under the Employment Standards Act, meaning they have the right to return to their job without anything changing.

In this blog, we’ll guide you through changes to Ontario’s sick note policy, when to request a sick note from your employees, some compliance tips, and advice on sick leave policies for employers. 

Discover how updating your leave policy can attract top talent and improve your business.

Are Sick Notes Required in Ontario? 

As of October 2024, sick notes in Ontario are no longer required for every sick leave. 

Before the new legislation took effect, 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 absence for up to three consecutive days.

As the Employment Standards Act states, employers can’t require employees to provide a sick note from a “qualified health practitioner,” defined as a registered nurse, physician, or psychologist, for short absences of three days or fewer.

Why the Change in Sick Note Policy?

Ontario scrapping sick notes for short absences was largely driven by a desire to reduce paperwork for both employees and their family doctors. 

The Ontario Medical Association had long advocated for this change since the COVID-19 pandemic, noting that asking family physicians to summarize patient visits for routine illnesses placed an unnecessary administrative burden on the healthcare system and pulled doctors away from direct patient care.

Key Updates in the Sick Leave Policy 

Since the legislation was tabled in Ontario, other jurisdictions have followed suit. British Columbia (B.C.) joined the growing list of provinces banning sick notes in late 2025, signaling that this is now a pan-Canadian employer trend, not just an Ontario story. 

For companies that place talent across provinces, staying up to date with each region’s rules is essential.

When Can an Employer Request a Sick Note? 

Employers can request a sick note only when it’s “reasonable in the circumstances.” Whether a request is considered reasonable depends on the factors, including the duration of the leave, whether the employee has a history of frequent absences, whether evidence is available, and the cost of obtaining that evidence.

You may want to request a sick note if:

• The employee takes a prolonged absence of more than three consecutive days
• The employee requires workplace accommodation due to a medical condition
• You need to confirm the employee’s ability to return to work after an extended absence

The Ontario Medical Association and the medical association community more broadly have supported limiting sick note requests to these scenarios, reinforcing that family doctors should focus on patient care rather than paperwork.

What Should a Sick Note Include? 

If you do request a sick note, you can ask for the following information:

• The length of the employee’s absence
• The date a healthcare professional saw them
• Whether the employee had an in-person consultation, rather than a remote visit, with the healthcare professional who wrote the note

There’s no need for personal medical information. You can’t request a diagnosis or the employee’s past medical history. Consultation forms should be limited to what’s necessary to establish the duration and legitimacy of the absence. 

Lastly, sick notes should not summarize patient visits in clinical detail, and healthcare providers are not obligated to provide anything beyond what confirms the absence.

Image Source: Pexels

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 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 own actions.

In most cases, employees can also take sick leave for pre-planned elective surgery related to a medical illness or injury. The only exception is cosmetic surgery that is not medically required or unrelated to an injury or illness.

What’s the Length of Sick Leave in Ontario?

Employees are entitled to up to three sick days per calendar year under the ESA once they have worked for their employer for at least two consecutive weeks, whether part-time or full-time. Statutory sick leave beyond three days is not protected under the ESA unless the employer offers a more generous policy.

A few other key details:

• The three sick days are not prorated for employees who started partway through the year.
• The three days do not 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 at their discretion.
• Unused sick days can’t be carried over to the next calendar year.

Sick Leave Notice Requirements

Employees should inform their employer as soon as possible before taking sick leave. If sick leave begins suddenly due to unexpected illness, the employee should notify the employer as soon as possible after the start of the leave. 

Employees aren’t required to provide written notice. A verbal conversation is sufficient.

Employee Rights During Sick Leave 

Employees who take sick leave have the same rights as those who take pregnancy or parental leave. Employers can’t penalize employees for exercising those rights, and employees remain entitled to full employment protections throughout their absence.

The Right to Reinstatement

Employees are entitled to return to the same job they held before their sick leave began, or a comparable position if their original role no longer exists. In either case, they must be paid at least as much as they earned before the leave. 

If wages have increased during the absence, the employer must pay the higher rate.

The Right to Be Free from Penalty

Employers are prohibited from penalizing employees in any way for:

• Taking sick leave
• Planning to take sick leave for a scheduled medical procedure
• Asking questions about their sick leave rights and entitlements

Any threat or penalty in these circumstances is considered a reprisal, which is prohibited under the Employment Standards Act. Legislation that prohibits employers from retaliating against employees for using statutory leave is clear, and violations can result in formal complaints.

Employees who take sick leave also retain the right to continue participating in benefit plans and to continue earning credits toward their length of employment, service, and seniority.

Image Source: Canva

Exemptions for Employers Offering Paid Sick Days 

There are two ways sick leave can work, depending on what the employment contract provides:

1. If the employment contract offers better sick leave benefits than the ESA requires, those contract terms apply. For example, if an employee’s contract provides ten paid sick days per year, those terms govern rather than the ESA minimum.
2. If the employment contract does not offer better benefits than the ESA, the statutory sick leave rules apply by default. For example, if a contract does not mention sick leave at all, the employee is entitled to the three unpaid sick days guaranteed by law.

If you’re updating sick leave policies, auditing existing contracts to determine whether they offer a “greater right or benefit” than the ESA is an important first step. The answer tells which documentation rules apply and the extent to which employers may request evidence of illness.

Implications for Employers: Managing the New Sick Leave Landscape

Ontario scrapping sick notes introduced meaningful changes to how HR teams manage employee absence. With the updated regulations, companies need to adjust policies to comply with ESA requirements while maintaining a fair and transparent workplace culture.

Key areas to address include:

• Updating internal procedures and training managers on how to handle sick leave requests appropriately
• Documenting sick leave requests properly while protecting employee privacy
• Establishing clear guidelines that discourage unpaid sick leave abuse while maintaining a trusting work environment

A self-attestation model, in which employees confirm their own absences without requiring a doctor’s note, is now standard practice for short absences in Ontario. HR teams should be prepared to communicate this clearly to staff and management alike.

Considerations for Managing Sick Leave Requests

Clear, fair procedures are the foundation of effective statutory sick leave management. Here are some best practices to adopt:

• Set explicit rules for when employees must provide a doctor’s note or other documentation.
• Standardize the request process using HR software, an eForms platform, or other consistent documentation tools.
• Be flexible and understand that minor illnesses and over-the-counter medication situations don’t require medical documentation.
• Encourage employees to use sick leave when they need it, without fear of penalty.

Other ESA Changes Employers Should Know About in 2026

Recently, Ontario’s Working for Workers legislation introduced several requirements beyond sick leave that take effect in 2026. Employers should be aware of the following:

1. AI disclosure in job postings: Employers must now disclose when artificial intelligence is used in the hiring process, including resume screening and candidate evaluation.
2. Pay transparency rules: Job postings must include compensation ranges. Ranges are not permitted to exceed $50,000 unless the upper limit exceeds $200,000, making meaningful pay transparency a legal requirement rather than a voluntary practice.
3. Long-term illness leave: A forthcoming provision is expected to provide job protection for employees with serious or chronic conditions that require extended time away from work. Further information on the rollout timeline and eligibility criteria will be available in the coming weeks and months as the Ontario government finalizes details.

These changes reflect a broader shift in Ontario employment law, and employers who stay ahead of the requirements will be better positioned to attract and retain top talent in a competitive market.

What to Do Now: A Practical Action Plan for Employers 

As an employer, here are some practical compliance tips for handling the new sick leave policy.

Audit Your Existing Contracts

Review all employment contracts to determine whether they offer benefits that are equal to, greater than, or less than the ESA minimum. 

If a contract provides more than three sick days or paid sick leave, those terms govern. If it falls below the ESA standard, the statutory minimum applies automatically. This audit will clarify which sick note rules apply to each employee group.

Update Sick Leave Policies

Review and revise your existing sick leave policies to align with current ESA requirements. Consider including paid sick days, which support employee retention and signal that your organization values worker well-being. 

Outline the number of sick days employees are entitled to, the process for requesting leave, and when documentation may be required. Make sure the policy is accessible to everyone.

Train Staff on the Revised Requirements

All staff, including HR, supervisors, and managers, should understand the updated sick leave rules and how they apply to different employment situations. Ensure supervisors understand what they can and can’t ask employees about during sick leave. Those unaware of the new rules are a compliance liability. 

Provide written guidelines and, if necessary, conduct training sessions to prevent miscommunication and reduce the risk of reprisal claims.

Set Up Protocols for Requesting Evidence

You can request a sick note under certain circumstances, but you can’t ask for excessive personal information. Establish clear internal protocols on when, in the circumstances, it’s reasonable to request a sick note or other evidence. 

Let employees know these protocols in advance so there are no surprises. Apply them consistently and fairly across the workforce. When you need further information, keep requests narrow and focused on duration, not diagnosis.

Implement Clear Communication Strategies

Employees may not be fully aware of their rights under the new policy. Keep them informed about what they’re entitled to and how the process works. Create an environment where employees feel comfortable asking questions about sick leave without fear of being penalized or singled out.

Image Source: Pexels

Supporting Employees with Paid Sick Days 

While the ESA sick leave policy sets a legal floor, offering paid sick days goes further and signals a genuine commitment to employee well-being. Although it represents a short-term cost, employers with paid sick leave policies consistently see stronger long-term outcomes.

Recent data from Eppione supports this approach: Google searches for sick leave rights jumped 54% between October and December 2025, reflecting how closely employees are tracking their entitlements. 

Employers who already have generous policies in place are better positioned to attract this increasingly informed talent pool.

Reduce Employee Turnover

Replacing one experienced employee typically costs far more than providing paid sick days for an entire team. A benefits package that includes paid sick leave makes your company more attractive to top talent and signals that you take employee welfare seriously.

Better Workplace Morale and Productivity

Businesses that provide paid sick leave tend to have more engaged, productive employees. When workers don’t have to come in sick or worry about losing income over a minor illness, they’re more motivated, focused, and loyal.

Less Stress and a Healthier Workplace

Allowing employees to recover at home reduces the risk of illness spreading through the office. Fewer people working while sick means fewer cascading absences across the team.

Financial Benefits for the Business 

Paid sick leave reduces long-term costs by allowing employees to recover fully before returning to work. It also lowers turnover-related expenses associated with hiring, onboarding, and training replacement staff.

Supports Workplace Diversity, Equity, and Inclusion

Paid sick leave is especially impactful for lower-income workers who might otherwise feel forced to work through illness. Ensuring the entire team can take sick days when needed promotes genuine workplace equality and builds a more inclusive environment for everyone.