Paid Sick Leave in Ontario: All You Need to Know in 2025

Understanding the nuances of paid sick leave is essential for ensuring compliance and fostering a healthy work environment. In this post, we will delve into the specifics of Ontario’s regulations, explore employer best practices, and provide guidance on how both employees and employers can navigate this critical aspect of workplace policy.

As we enter 2025, understanding paid sick leave in Ontario remains an important policy for employees and employers. This blog reviews present sick leave policies, focusing on the legal requirements under the Employment Standards Act (“ESA”), employer obligations, and emerging best practices. We will address key questions about entitlements, documentation, and recent changes that affect workers across the province.

Is Paid Sick Leave Mandatory in Ontario?

Under the ESA, paid sick leave is not mandatory for most employers in Ontario. The ESA only requires employers to provide at least three (3) unpaid sick days per calendar year to employees who have been employed for at least two consecutive weeks.

However, and while paid sick leave isn’t mandated by provincial law, some employers voluntarily offer it as part of their benefits package. Additionally, federally regulated employees in Ontario, such as those working in banking or telecommunications, are entitled to up to 10 paid sick days under federal law.

Paid Sick Leave and the ESA

While the ESA does not require paid sick leave, it does provide some protections for employees who need to take time off due to illness or injury, including the following:

• Employees cannot be dismissed for taking their allotted sick days.
• The three (3) unpaid sick days reset each calendar year.
• Employees can take sick leave in partial days, with each partial day counting as a full day of leave used.

Average Paid Sick Leave in Ontario

Setting aside legislation, the average number of paid sick days offered by employers can vary widely. However, many competitive employers in Ontario offer between five (5) to ten (10) paid sick days per year as part of their benefits package. Some companies offer more, especially in industries where employers find it difficult to secure staff.

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Usage of Unused Sick Leave Days

The usage of unused sick leave days depends entirely on the employer’s policy. Under the ESA, the three unpaid sick days do not carry over to the next year and cannot be used for purposes other than personal illness, injury, or medical emergencies.

For employers who offer paid sick leave as a benefit:

• Some may allow unused sick days to be carried over to the next year.
• Others might offer a payout for unused sick days at the end of the year.
• Some employers may allow sick days to be used for personal or family emergencies, effectively functioning as personal days.
• In rare cases, unused sick days might be converted to vacation days, though this is not common practice.

It’s encouraged that employees familiarize themselves with their specific employer’s policy regarding sick leave usage and carryover.

Do Employees Need to Provide Doctor Notes?

As of October 28, 2024, under the Working for Workers Five Act, employers in Ontario are no longer permitted to require employees to provide a doctor’s note for any illness related absences up to three (3) days. This applies to the sick leave entitlements under the ESA.

Employers may request “reasonable evidence” of the need for leave instead of doctor’s notes. This can include self-attestation, where an employee states they were unable to work due to illness.

However, there are situations where an employer may still reasonably request a doctor’s note:

1. For absences exceeding three (3) days, especially under extended leaves or workplace accommodation requests.
2. When modifications to duties or schedules are needed due to a medical condition.
3. To confirm an employee’s fitness to resume work after an extended absence.

These changes apply specifically to the three sick leave days mandated by the ESA. For sick leave policies that go beyond the ESA minimums, employers may still have the discretion to request doctor’s notes, depending on their internal policies.

The Future of Paid Sick Leave in Ontario

While paid sick leave isn’t currently mandated in Ontario, the landscape of employment rights is continually evolving and do expect that to eventually change. The COVID-19 pandemic has highlighted the importance of paid sick leave in maintaining public health and supporting workers. As a result, there’s ongoing discussion about the potential for introducing mandatory paid sick leave at the provincial level.

Some advocates argue that paid sick leave is crucial for public health, worker well-being, and overall productivity. They point out that workers without paid sick leave are more likely to come to work while ill, potentially spreading contagious diseases.

On the other hand, some business groups express concerns about the potential costs of mandatory paid sick leave, particularly for small businesses.

As these discussions continue, it’s possible that we may see changes to sick leave legislation in the coming years. Employees and employers alike should stay informed about any potential changes to ensure compliance and understand their rights and responsibilities.

Takeaway

While paid sick leave isn’t mandatory for most employers in Ontario, many choose to offer it as part of a competitive benefits package. The ESA provides for three (3) unpaid sick days per year, and recent changes have made it easier for employees to take this leave without requiring a doctor’s note.

For employees, we recommend understanding your specific employer’s sick leave policy, including whether sick days are paid, how many are provided, and whether unused days can be carried over or used for other purposes.

For employers, while you are not required to provide paid sick leave under the ESA, offering such benefits can contribute to a healthier, more productive workforce and can be a valuable tool for attracting and retaining talent.

If you are an employee or employer with specific situations or disputes regarding sick leave, it’s advisable to consult with an employment lawyer or the Ministry of Labour for the most up-to-date and accurate information. Contact employment legal experts Sultan Lawyers online or by telephone at 416-214-5111.