Sick leave during probation in Canada: your rights and what your employer can do (2026)
- Sohaib Mehmood
- Jul 3
- 9 min read
Calling in sick during a probationary period is one of the more anxious situations a new employee can face in Canada. You are three weeks into a new job, you wake up genuinely ill, and the first thing you think is not "I need to rest" — it is "will this cost me my job?" That fear is understandable, but the legal picture is more protective than most new employees realise. Here is exactly where you stand.
What a probationary period actually is in Canadian law
Probationary periods are widely misunderstood in Canada because employment law does not define them in the way most people assume. There is no standard federal or provincial probationary period that applies automatically to every job. What you call a "probationary period" is typically a clause in your employment contract that gives your employer a window within which they can terminate you without providing notice or severance — provided the reason for termination is connected to a genuine assessment of whether you are suitable for the role.
Most Canadian probationary periods run for three months, though some contracts extend them to six months. Beyond that, a contractual probationary period longer than six months is generally not enforceable in most provinces because it conflicts with minimum employment standards requirements around notice and severance. The probationary period as a concept is about termination rights, not about stripping employees of their statutory entitlements. Those entitlements — including sick leave — begin much sooner than most people realise, and in some cases from the first day of employment.
When sick leave entitlements begin during a probationary period by province
The key fact that most new employees do not know is that statutory sick leave entitlements kick in well before the probationary period ends. Here is how that works across the major provinces in 2026.
Ontario — Under the Employment Standards Act, employees are entitled to three unpaid, job-protected sick days per calendar year once they have worked for the same employer for at least two consecutive weeks. Two weeks into a job, not three months. A new employee who calls in sick after their second week of employment has statutory protection for that absence under Ontario law, regardless of what the probationary clause in their contract says. Provincial employment standards override contract terms that provide less than the statutory minimum.
British Columbia — Sick leave entitlements in BC begin after 90 consecutive days of employment, which aligns roughly with the end of most probationary periods. However, BC's employment law firm Achkar Law has noted that even before the 90-day threshold, terminating an employee during probation because of illness or disability may violate BC's Human Rights Code regardless of any probationary clause in the employment contract. Human rights protections in BC apply from the first day of employment.
Alberta — Sick leave entitlements under Alberta's Employment Standards Code also begin after 90 days of continuous service, matching the typical length of a probationary period. The same caveat applies: Alberta's Human Rights Act prohibits discrimination on the basis of physical or mental disability from day one, meaning an employer who terminates a probationary employee specifically because of an illness or health condition may be in violation regardless of the 90-day employment threshold for sick leave.
Federal employees — Workers in federally regulated industries under the Canada Labour Code accrue paid medical leave at a rate of one day per month after the first 30 days of employment. A federally regulated employee is entitled to paid sick leave before the end of most probationary periods.
Prince Edward Island — PEI is updating its sick leave framework effective June 30, 2026. Under the incoming changes, employees are entitled to four days of unpaid sick leave after just 30 days of employment — one of the shortest qualifying periods in Canada. After one year, entitlement grows to one paid day plus four unpaid days per year, increasing incrementally with tenure. For PEI employees starting a new job in mid-2026, statutory sick leave protection kicks in well within the typical probationary window.
Quebec — Quebec's Act respecting labour standards provides two paid sick days per year after three months of continuous service, matching the typical probationary length. However, Quebec's Charter of Human Rights and Freedoms applies from the first day and prohibits termination on the basis of a handicap, which includes physical and mental health conditions.
Can your employer fire you for calling in sick during probation?
This is the question most people actually want answered, and it has two parts.
During a contractual probationary period, employers have wider latitude to terminate without notice than they do after the probation ends. If your contract specifies a three-month probation and you are two months in, your employer can generally let you go without providing the minimum notice required under employment standards — provided the termination is based on a genuine assessment that you are not suitable for the role.
However, "genuine assessment of suitability" is where the legal protection comes in. A termination is not a legitimate probationary dismissal if the real reason is that you called in sick. Terminating a probationary employee because of illness — particularly a recurring or serious illness — is not an assessment of job fit. It is, in most cases, discrimination on the basis of disability or health status, which is prohibited under provincial human rights legislation in every province and territory in Canada, and under the Canadian Human Rights Act for federally regulated employees. Human rights protections apply from the first day of employment in every jurisdiction. They are not subject to a qualifying period the way statutory sick leave entitlements are.
Courts and human rights tribunals across Canada have consistently found that probationary clauses do not override human rights protections. A 2024 Ontario Human Rights Tribunal ruling affirmed that an employer who terminates a probationary employee shortly after a medical absence must be able to demonstrate that the termination was connected to job performance, not the illness itself. Where the timing of the termination closely follows the sick leave, the onus shifts to the employer to show the two events were unrelated.
In practical terms: if you called in sick, returned to work, and were then let go with a vague explanation about "not being the right fit," and the timing is within days or weeks of your sick leave, you may have grounds for a human rights complaint. Document the timeline carefully.
Does your employer need a doctor's note during probation?
The rules around when an employer can demand a medical note for work during a probationary period are the same as those that apply to all employees — the probationary status does not expand the employer's documentation rights.
In Ontario, employers cannot require a certificate from a qualified health practitioner for the three ESA statutory sick days, regardless of where the employee is in their tenure. In BC, the November 2025 amendments prohibit sick note requests for the first two short-term absences of five consecutive days or fewer per year, regardless of how long the employee has been in the role. In Saskatchewan, employers need an absence of more than five consecutive working days, or two non-consecutive absences within 12 months, before they can request documentation. In Nova Scotia, the Medical Certificates for Employee Absence Act has applied the same threshold since July 2023.
Alberta is the exception. Alberta has not introduced restrictions on sick note requests for short-term absences, meaning an Alberta employer can legally request a doctor's note for work from a probationary employee for any absence, provided the request is reasonable. If you work in Alberta and your employer has asked for documentation during your probationary period, that request is within the law. Canada Medical Notes provides same-day physician-issued sick notes and medical certificates for Alberta employees through our sick leave notes page, typically delivered within 2 to 4 hours.
Regardless of province, one rule holds everywhere in Canada: your employer cannot demand your diagnosis. They can request confirmation that you were medically unable to work. They cannot ask what illness you had, what medication you are taking, or what your clinical history involves. That information is private under provincial privacy legislation and is not something a valid sick note is required to include. For a full breakdown of what employers can and cannot ask for, see our post on whether your employer can legally ask for a doctor's note in Canada.
What to do if you need a sick note during your probationary period
The practical reality for new employees is that getting a sick note quickly matters more during probation than at any other point in employment. You are still establishing yourself, your employer does not know you well, and leaving a documentation gap during an absence can create unnecessary ambiguity about your reliability. Getting your note sorted the same day you call in removes that ambiguity entirely.
If you have not yet registered with a family doctor in your new city — which is common for Canadians who have recently relocated for a new job — walk-in clinics are the typical alternative. The access issues that affect clinics in most major Canadian cities, including capacity limits, early closures, and wait times of one to three hours, are covered in more detail in our post on the real problems Canadians face when they need a doctor's note for work.
Canada Medical Notes provides same-day physician-issued sick notes from licensed Canadian physicians for employees in all provinces. You submit your request online, describe your situation, and a physician prepares your note and delivers it to your email within 2 to 4 hours. The note includes the physician's full name, provincial license number, and professional signature on official letterhead — the format accepted by employers across Canada regardless of province or industry. Visit our sick leave notes page to submit your request. If your employer has asked for a medical certificate rather than a basic sick note, visit our medical certificates page instead. Our post on the difference between a sick note and a medical certificate explains which document your situation requires.
What to do if your employer is threatening your job over a sick absence during probation
If your employer has suggested your job is at risk because you called in sick during your probationary period, the steps below protect your position as clearly as possible.
Get your documentation in order immediately. A physician-issued sick note dated on or close to the date of your absence confirms the medical basis for the leave and removes any ambiguity about whether the absence was legitimate. If you do not yet have a note, obtain one now through your family doctor, a walk-in clinic, or Canada Medical Notes. Keep a copy.
Document all communications. If your employer has made verbal statements suggesting your sick leave will be used against you, follow up in writing. Send an email summarising what was said. Written records of the conversation protect you significantly if a dispute escalates to an employment standards complaint or a human rights proceeding.
Contact your provincial employment standards office or a human rights commission. If you believe your termination was connected to your illness rather than a genuine assessment of your suitability for the role, both the employment standards route and the human rights route are available to you. Employment standards complaints are free to file in every province. Human rights complaints are also free and can result in remedies including reinstatement and compensation for lost wages. For a full picture of your sick leave rights as a Canadian employee, see our post on sick leave rights in Canada.
Frequently asked questions
Can I take sick leave during my probationary period in Canada?Yes. Statutory sick leave entitlements begin well before most probationary periods end. In Ontario, you are eligible after two weeks of employment. Under the federal Canada Labour Code, paid sick leave accrues from the 31st day of employment. In BC and Alberta, entitlements begin after 90 days. Human rights protections against termination on the basis of illness or disability apply from day one in every province, regardless of probationary status.
Can my employer fire me for being sick during probation?Not legally if the reason for termination is connected to the illness. Probationary clauses give employers latitude to dismiss without notice if the dismissal is based on a genuine assessment of job suitability. They do not permit termination on the basis of illness, disability, or health status, which is prohibited under provincial human rights legislation across Canada. If the timing of your dismissal closely follows a sick absence, you may have grounds for a human rights complaint.
Do I need a doctor's note for work during my probationary period?The same rules that govern doctor's note requests for all employees apply during probation. In Ontario, BC, Quebec, Saskatchewan, Nova Scotia, and Newfoundland, there are restrictions on when employers can require documentation for short absences. In Alberta, employers can request a note for any absence. Probationary status does not give employers additional documentation rights beyond what employment standards already permit.
How do I get a sick note quickly during my probationary period?Canada Medical Notes provides same-day physician-issued sick notes and medical certificates from licensed Canadian physicians, delivered to your email within 2 to 4 hours. No clinic visit is required. Visit our sick leave notes page to submit your request.
Does calling in sick during probation affect my employment record?A single legitimate illness-related absence during a probationary period, properly documented, does not legally justify a negative employment record entry or disciplinary action. If your employer has issued a written warning or a performance notation connected specifically to a sick absence that falls within your statutory entitlement, that documentation may itself be a violation of employment standards in your province.
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