Sick leave rights in Canada: what every employee should know

Most Canadian employees do not know exactly how many sick days they are entitled to, what documentation their employer can ask for, or what happens if they run out of paid leave. These details vary by province, by employer, and by how long you have worked at a company.

Here is a clear breakdown of sick leave rights across Canada, including what your employer can and cannot do when you call in sick.

sick leave rights Canada : Federal sick leave under the Canada Labour Code

Employees in federally regulated industries — banking, telecommunications, airlines, rail, and interprovincial transport — are covered by the Canada Labour Code. As of 2022, these employees are entitled to 10 days of paid sick leave per year after completing 30 days of employment. The first three days can be taken without providing a medical certificate.

Before the 2022 amendment, federally regulated employees had no guaranteed paid sick leave entitlement at the federal level. The change brought Canada's federally regulated workers in line with many provincial standards.

What your employer can and cannot ask for

One of the most common points of confusion is around documentation. Here is what the law actually permits:

Employers can ask for:

• Written confirmation from a licensed medical professional that you were unable to work

• The dates your absence covers

• A statement that you are fit to return to work, in some circumstances

Employers cannot ask for:

• Your diagnosis or specific medical condition

• Details of your treatment or medication

• A note from a specific doctor or clinic

• You to pay out of pocket for documentation in provinces like BC where this is prohibited

If your employer is asking for information beyond what is listed above, your provincial employment standards office can advise you on whether the request is within legal limits. For a detailed breakdown of what documentation employers can require, see our post on whether your employer can legally ask for a doctor's note in Canada.

When sick leave becomes a human rights issue

If your illness is linked to a disability — including mental health conditions, chronic illness, or injury — you may have additional protections under the Canadian Human Rights Act and provincial human rights codes.

Employers have a duty to accommodate employees with disabilities to the point of undue hardship. This means that if your medical condition requires extended time off beyond your standard sick leave entitlement, your employer may be required to provide additional unpaid leave rather than terminate your employment.

Terminating an employee because of a disability-related absence, without first exploring accommodation options, is generally considered discrimination under Canadian human rights legislation.

Short-term and long-term disability

Once your paid sick days run out, two options typically apply depending on your employer's benefits plan:

Short-term disability (STD) covers a portion of your salary — usually 60 to 70 percent — for a period of up to 17 weeks, depending on the plan. Most STD plans require a medical certificate from a licensed physician to activate.

Long-term disability (LTD) kicks in after short-term disability ends and can continue for years in some plans. LTD claims also require ongoing medical documentation confirming your continued inability to work.

Employees without employer-provided disability coverage may be eligible for Employment Insurance (EI) sickness benefits, which provide up to 15 weeks of income replacement at 55 percent of insurable earnings, to a maximum set annually by the federal government.

What to do if your employer denies your sick leave

If your employer refuses to approve sick leave you are entitled to under provincial standards, you have several options:

• File a complaint with your provincial employment standards office — most provinces have an online complaint process

• Contact your union representative if you are covered by a collective agreement

• Seek advice from a provincial human rights commission if the denial relates to a disability

• Consult an employment lawyer if the denial results in termination or significant financial loss

Keep a record of all communications with your employer about your absence, including emails, messages, and any documentation requests they make.

Getting a sick note quickly when you need one

When your employer requires documentation, timing matters. Family doctor appointments take an average of 7.4 days to secure in Canada, according to the 2023 Commonwealth Fund survey. For employees who need a note within one or two days, waiting for a clinic appointment is not always practical.

An online sick leave note from a licensed Canadian physician is prepared and delivered the same day. The note includes the physician's license number, the dates of your absence, and is accepted by employers across Canada under all provincial employment standards.

If your absence has been extended and your employer requires a formal medical certificate rather than a basic sick note, Canada Medical Notes provides those as well. For more on the difference between the two, see our post on what a medical certificate is and when you need one in Canada.

Frequently asked questions

Can I be fired for taking sick leave in Canada?

Terminating an employee specifically because they took a legitimate medical leave is prohibited under most provincial employment standards laws and the Canadian Human Rights Act. However, an employer can still terminate for other reasons during or after a medical leave. If you believe your termination was connected to your illness, speak with an employment lawyer or contact your provincial employment standards office.

Do I get paid for sick days in Canada?

It depends on your province and your employer. BC now provides 5 paid sick days per year. Ontario provides 3. Alberta has no provincially mandated paid sick days, though many employers provide them through their own policies. Federally regulated employees are entitled to 10 paid sick days per year under the Canada Labour Code.

What if I do not have a family doctor?

You do not need a family doctor to get a sick note. Walk-in clinics, telehealth services, and online documentation services like Canada Medical Notes all provide notes from licensed physicians. The note is equally valid regardless of which licensed physician prepared it.

Can my employer contact my doctor directly?

No. Your employer cannot contact your physician without your written consent. Your medical information is protected under provincial privacy legislation. The only information an employer is entitled to is what appears on the note you choose to provide.

Know your rights before you need them

Sick leave entitlements in Canada are stronger than many employees realise, particularly since the 2022 federal amendments and recent provincial updates. Knowing what you are entitled to — and what documentation you are actually required to provide — puts you in a better position if your employer pushes back.