Provincial guide to sick leave in Canada: Ontario, British Columbia and Alberta

Sickness absence is a fact of working life. But for employers, navigating what’s legally required when an employee is off sick isn’t always as straightforward as logging a few numbers. 

Depending on where your business operates, or what sector you’re in, it can be confusing between Federal & Provincial law to know employee rights and your responsibilities—but getting it wrong can lead to costly claims. 

That’s why we created this guide to break down the essentials of managing sick leave, so you can keep your business compliant, and your employees supported. 

What are employees legally entitled to in different provinces?

In Canada, employees have the right to take sick leave, but what they’re entitled to in terms of sick pay depends on provincial law and their contract.

Ontario sick leave entitlements

Ontario’s Employment Standards Act (ESA) lays out exactly what employee sick leave entitlements are. In a nutshell, employees that have been with your business for at least two weeks are eligible for three unpaid sick days per year for illness, injury and medical emergencies. This is the minimum standard.

When it comes to paying your employees when they call in sick, the rules are a bit different. Employees in Ontario are not entitled to paid time off, unless it has been included in their employment contract or company policy.

Unused sick leave cannot be carried over into the next calendar year. So, if you have any employees wondering if they can take extended time off when they’re ill because they didn’t use their sick leave the previous year, the answer is no.

British Columbia sick leave entitlements

Employees in British Columbia have up to 8 days of job-protected sick leave per calendar year. 3 of these days are unpaid, 5 are paid.

It will require 90 days of employment for employees to become eligible to these entitlements.

For paid sick days, you must pay your employees the equivalent of an “average day’s pay”, which would be calculated by taking their total earnings in the previous 30 working days and calculating the average they earned per day.

Both unused paid and non-paid sick leave cannot be carried over into the next calendar year.

Alberta sick leave entitlements

The approach to sick leave entitlements in Alberta is slightly different. Sick days are not directly specified within the Alberta Employment Standards Code; however, employees are entitled to 5 paid days for personal and family leave. This personal leave, when relevant to employee health, can be used as sick days.

Company Sick Pay 

While you’re mandared to offer your employees unpaid sick days as the bare minimum, many employers also offer something more generous, often referred to as Company Sick Pay. This isn’t required by law in Ontario and a few other provinces, but if you do offer it, even informally, it becomes a contractual obligation. That means it needs to be: 

• Applied fairly and consistently 

• Paid as promised or you could be looking at a breach of contract or an unlawful deduction claim 

When can you ask employees for a doctor’s note in Canada? 

Asking for doctor's notes in Ontario 

Employers in Ontario can’t demand a doctor’s note for a short-term absence—3 days and less. Employers are still entitled to ask for reasonable evidence, a brief explanation from the employee is typically deemed sufficient. 

This is a recent change introduced to reduce the burden on healthcare workers, allowing them to focus more on patient care. It was passed as part of the Working for Workers Five Act – or Bill 190. 

Asking for doctor’s notes in British Columbia 

Following Ontario’s recent legislative changes, starting Fall 2025 and onwards, employers in British Columbia cannot ask for a mandatory doctor’s note for sick leave. The details have yet to be refined, but you can expect they’ll also cover “short term absences”. 

Asking for doctor’s notes in Alberta 

If an employee is unable to come to work due to sickness, including short term sickness absence, employers in Alberta can ask for a doctor’s note. 

Just because you can, doesn’t always mean that you should—but it’s important that your expectations are outlined in contracts of employment to provide maximum clarity and prevent confusion with your employees. Should any issues arise, you will have clearly outlined your compliant expectations. 

If you’ve requested a doctor’s note from an employee, keep in mind that it must be relevant to the sickness at hand, or any subsequent workplace accommodations. Workers in Alberta generally have a right to privacy regarding medical information. 

Disability and long-term sickness  

Your legal duties as an employer: 

• Avoid discrimination arising from disability 

• Make reasonable adjustments to remove or reduce disadvantage (e.g. phased returns, adjusted duties) 

Failure to meet these obligations could be discrimination toward employees with a disability and result in a disability discrimination claim. 

Can you dismiss an employee for sickness?

Yes—but you need to tread very carefully. Dismissals due to long-term sickness or repeated absence can be lawful, but you must follow a fair and reasonable procedure under relevant Provincial employment laws. 

You may be able to lawfully dismiss someone for sickness related issues if: 

• You’ve followed a fair process 

• Explored all alternatives 

• Taken medical advice 

• Consulted the employee properly 

• Offered the right to appeal 

If their sickness is linked to a disability, there’s extra risk, any misstep could lead to a disability discrimination or wrongful dismissal claim. If any claims are filed, you will be assessed on whether you acted reasonably in all circumstances, so seeking employment relations advice is highly recommended before you raise any issues with your employee. 

Can you make an employee take sick leave? 

Yes, but keep in mind that if you ask an employee to go off sick, you might have to give them their full normal salary. There should always be reasonable explanations for these requests, for example, if the employee is visibly unwell whilst at work. 

Practical steps to ensure compliance 

To stay legally compliant, you should: 

• Have a written sick leave policy detailing your sick leave procedures. 

• Include contractual sick pay terms in employment contracts or offer letters. 

• Train managers on absence handling, non-discrimination, and fair disciplinary processes. 

• Document everything – doctor’s notes, consultations, reasonable adjustments, etc. 

• Conduct return-to-work interviews to identify any recurring issues, support needs, or risks. 

• Engage occupational health services for long-term or complex cases. 

• Seek legal advice if considering dismissal due to sickness or you have any doubts. 

Get help with sickness employment from BrightHR 

Sick leave isn’t something you can just make up as you go. There are real legal responsibilities involved. When people are unwell, they need time, support, and a bit of understanding. 

But as an employer, you need structure too. Having clear processes, understanding the law, and treating people fairly (and consistently) helps you stay out of legal trouble and create a healthy, motivated workplace that people want to be part of. 

BrightHR offers a direct line to employment relations advisors who are available 24/7 to help you maintain compliance. 

Staying informed and implementing a paid sick leave policy will safeguard both your employees' wellbeing and your business's reputation.