Illness, Injury and Accommodation in the Workplace

Employers may not discharge or discipline employees who have worked for them for more than 13 consecutive weeks because of absence due to the illness or injury of the employee:

• if the absence does not exceed 12 days in a calendar year for an illness or injury that is not serious;
• if the absence is due to serious illness or injury, and does not exceed 12 weeks in a period of 52 weeks; or
• if the employee is injured and receiving benefits under The Workers' Compensation Act, and the absence does not exceed 26 weeks in a period of 52 weeks.

The employer may require a medical note to verify the absence. Employment standards do not require employers to pay employees who are away sick. However, employers and employees may agree to paid sick leave.

If the employee's absence due to the illness or injury is the result of a public health emergency, the employee doesn't require 13 weeks of employment or need to provide a medical note.

Using Vacation as "Sick Leave"

While not specifically provided for in legislation, some employers and employees agree to use vacation and vacation pay when employees are sick. Vacation days used as “sick leave” should be clearly identified on the employee’s pay and attendance records.

Employees may also be entitled to job protection while they are absent from work due to the serious illness or injury of a member of the employee's immediate family who is dependent on the employee. An employer may request that the employee provide a doctor's certificate certifying that the family member was ill or injured.

An employer is required to modify an employee's duties or re-assign the employee to other duties if the employee becomes disabled. Accommodation will typically require participation by both the employer and employee.