Sick Leave, Family Responsibility Leave and Bereavement Leave in Ontario
Ontario's Employment Standards Act gives most employees a few days of job-protected leave each year, and longer leaves for more serious situations. The leaves protect your job, though they are generally not paid unless your employer or contract says so.
- After two consecutive weeks of employment, an employee can take up to 3 days of sick leave, 3 days of family responsibility leave and 2 days of bereavement leave each calendar year.
- These days are unpaid under the Act, unless your contract, policy or collective agreement provides otherwise.
- An employer cannot require a certificate from a doctor or other qualified health practitioner as proof of sick leave, but may ask for evidence that is reasonable.
- There are also longer leaves, for example to care for a seriously ill family member or in the case of domestic or sexual violence.
The three short leaves
- Sick leave: up to 3 days a year, for your own illness, injury or medical emergency.
- Family responsibility leave: up to 3 days a year, for an illness, injury, medical emergency or urgent matter involving certain family members.
- Bereavement leave: up to 2 days a year, on the death of certain family members.
- You can take them for part of a day, and the employer must treat you the same as other employees afterwards.
Notice and proof
Tell your employer before the leave begins, or as soon as you reasonably can afterwards. An employer may ask for evidence that is reasonable in the circumstances, but under the Act it cannot require a note from a doctor, nurse or other qualified health practitioner to prove you were sick. For a family or bereavement leave, a reasonable explanation can be enough.
Longer leaves
- Family caregiver leave: up to 8 weeks in a calendar year to care for a seriously ill family member.
- Family medical leave: up to 28 weeks in a 52-week period, to care for a gravely ill family member.
- Critical illness leave: for a critically ill child or adult family member, for up to 37 weeks and up to 17 weeks, respectively.
- Child death leave and crime-related child disappearance leave: up to 104 weeks.
- Domestic or sexual violence leave: up to 10 days and up to 15 weeks in a calendar year.
- Organ donor leave, long-term illness leave and others have been added in recent years. Check the current list, since the lengths and the eligibility tests differ.
If you are penalized for taking a leave
An employer cannot fire, demote or penalize you for taking a leave you are entitled to. If it happens, keep the dates, the emails and the reasons you were given, and see the guide on reprisal. An Employment Standards claim can lead to reinstatement or compensation.
Common questions
Does the employer have to pay for sick days?
Not under the ESA, which only guarantees the time off. Your contract, policy or collective agreement may provide paid days.
Can my employer count my sick days against my attendance record?
An employer cannot penalize you for taking a protected leave. If a policy treats it as a mark against you, get advice.
Who can help. Licensed paralegals can represent employees and employers in Employment Standards claims and at the Human Rights Tribunal of Ontario.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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