Taking time off work when you’re unwell shouldn’t be an added stressor, but understanding your rights as a worker in Ontario is important. This blog breaks down the key details about sick day entitlements, paid sick leave laws, requirements for doctor’s notes, and the differences between sick days, Short-Term Disability (STD), and Long-Term Disability (LTD) claims.
Breaking Down Ontario’s Sick Days Law
Are Sick Days in Ontario Paid?
Under the Employment Standards Act (ESA) in Ontario, employees are entitled to three unpaid sick leave days each calendar year. These days are specifically designed for personal illness, injury, or medical emergencies.
However, whether sick days are paid or unpaid depends on your employer’s policies. Some workplaces go beyond the ESA and offer paid sick days as part of their benefits package. It’s important to review your employment contract for specifics about your workplace’s policy.
Who Qualifies for Sick Leave?
To be eligible for these three unpaid days, you must have worked for an employer in Ontario for at least two consecutive weeks. These entitlements apply to most Ontario workers covered by the ESA. However, there are exceptions, including independent contractors and federally regulated employees. If you’re unsure whether you’re covered, you can consult the ESA or seek advice from the Ministry of Labor.
Do You Need to Provide a Doctor’s Note in Ontario?
Employers in Ontario are not allowed to require a sick note to justify your use of the three unpaid sick days per year. However, they may ask for reasonable evidence verifying your absence, such as a dated note from a health care provider. Check if your workplace has a specific policy outlining acceptable forms of proof.
The Difference Between Sick Days, Short-Term Disability (STD), and Long-Term Disability (LTD)
While sick leave entitlements allow you to take short absences from work, Short-Term Disability (STD) and Long-Term Disability (LTD) serve different purposes and come into play for more complex, prolonged illnesses or injuries.
Sick Days
- Purpose: Temporary personal illness covering short-term absences, such as colds, flu, or minor surgeries.
- Duration: Up to three unpaid days annually under ESA, though employers may offer paid sick leave.
- Eligibility: After two weeks of continuous employment in Ontario.
- Doctor’s Note: Not generally required for ESA-mandated sick days.
Short-Term Disability (STD)
- Purpose: Covers a portion of your wages if you’re unable to work due to illness or injury lasting longer than your employer’s allowed sick days (typically weeks or months).
- Additional Benefits: Often included in company-provided group insurance plans.
- Eligibility: Requires you to file a claim through your employer’s group insurance provider, approved by medical evidence such as reports from your doctor.
- Pay: Provides wage replacement that typically ranges between 50-70% of your regular pay, depending on your policy.
Long-Term Disability (LTD)
- Purpose: Designed for prolonged illness or injury that prevents you from working for several months or longer, often into years.
- Duration: Can extend until recovery, retirement age, or as outlined in your policy.
- Eligibility: Requires comprehensive medical evidence, often including reports from medical specialists.
- Pay: Typically 50-80% of your pre-disability income based on policy terms, though there can be a waiting (elimination) period after STD coverage ends.
How to Utilize STD and LTD Benefits
Accessing STD Benefits
- Review Your Benefits
Read through your employer-provided group insurance plan to understand your STD policy, including coverage duration and wage replacement percentage.
- Gather Medical Documentation
Ensure your healthcare provider provides detailed medical support, including how your condition prevents you from performing your job.
- File a Claim
Most STD claims are filed through your insurance provider. Prompt filing, complete forms, and accurate information increase the likelihood of approval.
Transitioning from STD to LTD
If your condition extends beyond the limits of STD coverage, transitioning to Long-Term Disability (LTD) benefits becomes essential. Most LTD plans require evidence of inability to work not just in your job, but in comparable roles within your skillset after 2 years.
Employer Obligations and Your Rights
Accessibility and Job Protection
Employers in Ontario have a duty under the Ontario Human Rights Code to accommodate workers experiencing illness or disability. Accommodations like modified job duties, adjusted work hours, or extended leave may be provided depending on your condition.
Protecting Your Job
Under the ESA, you’re entitled to return to your position or an equivalent role after taking sick leave.
Tips for Workers Taking Sick Leave or Filing Disability Claims
- Know Your Rights
Familiarize yourself with the Employment Standards Act and your employer’s policies to understand your entitlements better.
- Communicate with Your Employer
Notify your employer as soon as possible if you’re planning to take time off. Clear communication can prevent misunderstandings.
- Consult with Experts
If you’re considering filing an STD or LTD claim and feel uncertain about your benefits process, consult a disability lawyer advice.
If you have questions regarding sick days or your short term or long term disability claim call the lawyers at Kotak Law today for a free consultation.