Sick leave policy
A jurisdiction-aware sick leave policy with the right entitlements, notification rules, and documentation expectations per province / state.
Sick Leave Policy
Effective
1. Purpose
We expect everyone at to take time off when they're sick — both for their own recovery and to protect the rest of the team. This policy describes statutory entitlements and what we offer on top of them.
2. Statutory entitlement
Ontario employees are entitled to up to 3 unpaid sick days per year under the Employment Standards Act, after two consecutive weeks of employment. Some federally-regulated employees are entitled to up to 10 paid sick days under the Canada Labour Code.
3. Company sick days
In addition to the statutory entitlement above, the Company provides:
4. Notification
5. Documentation
For absences of three or more consecutive days, the Company may request a medical note. Diagnosis is not required — only confirmation that the employee is unable to work and the expected return date. The cost of any required note is borne by the Company.
6. Misuse
Sick leave is not vacation. Patterns of suspected misuse may be reviewed and addressed through normal performance-management channels. Genuine illness is never grounds for discipline.
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Made with WalnutsHR Paper · Reviewed for Ontario · April 2026
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No compliance hints for this jurisdiction yet — your document looks good for the basics. Have a lawyer review before sending anything consequential.
About this template
Sick-leave law differs more by jurisdiction than almost any other employment topic. This template defaults to the relevant statutory minimum, then leaves you space to add company-specific paid days on top.
When to use it
- You're publishing or refreshing your handbook.
- You need a stand-alone policy because your handbook is currently silent on sick leave.
- You're operating across multiple jurisdictions and want one policy that adjusts per province / state.
What to include
- Statutory entitlement (varies materially by jurisdiction).
- Company-paid days on top, if any.
- Notification expectations — how and when to call in sick.
- Documentation rules — when a doctor's note is required, who pays for it.
- A misuse paragraph that's clear genuine illness is never disciplined.
Frequently asked questions
Can I require a doctor's note for one-day absences?
In most Canadian provinces, no — that's considered unreasonable and may be challenged as a barrier to taking statutorily-protected leave. For longer absences (3+ days), most jurisdictions allow it; check your specific province.
What if an employee takes more sick leave than the statute provides?
Once the statutory entitlement is exhausted, additional time off is at the employer's discretion. Many companies offer a top-up; some provide unlimited "flexible" sick time. Whatever you offer, document it clearly so the same rule applies to everyone.
Do mental health days count?
Statutorily yes — sick leave laws in Canada and most US states cover any health condition, including mental health. Some employers offer separate "mental health days" as a cultural signal; from a compliance standpoint they're the same as any other sick day.
Legal disclaimer. Sick-leave entitlements change frequently and vary by city as well as state/province. California, New York City, Toronto, and Vancouver all have local rules that may exceed the state/provincial floor. Verify against the specific work location of each employee.
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