In Ontario, sick leave and vacation pay are governed by the Employment Standards Act, 2000: three unpaid sick days a year, two or three weeks of vacation, and vacation pay of 4% or 6% depending on the length of employment. Your policy or collective agreement can give more, never less (section 5).
Updated October 9, 2026, based on the Employment Standards Act, 2000 as of October 6, 2026.
How many sick days do employees get in Ontario?​
An employee who has worked for the employer for at least two consecutive weeks is entitled to three days of sick leave per calendar year for a personal illness, injury or medical emergency (section 50). These days are unpaid. The employee advises the employer, after the absence has started if necessary.
Sick days under your policy count toward these three days, paid or not. An employee who has taken three paid sick days under their contract has therefore used their three days under the Act. If they are away for only part of a day, the employer can count a full day.
The Act separately provides three days of family responsibility leave, for an illness or urgent matter involving a family member (section 50.0.1), and two days of bereavement leave (section 50.0.2). These leaves are counted separately: an employee who took three days to care for their child still has their three sick days.
Can an employer ask for a sick note?​
The employer can ask for evidence that is reasonable in the circumstances. Since October 28, 2024, it can no longer require a certificate from a physician, registered nurse or psychologist for these three days (section 50).
What does the Act provide for a long illness?​
Since June 19, 2025, an employee who has worked for the employer for at least 13 consecutive weeks is entitled to unpaid long-term illness leave of up to 27 weeks (section 49.8). It requires a serious medical condition and a certificate from one of the same health practitioners setting out the period of absence. The employee advises the employer in writing.
On return, the employee gets their position back, or a comparable one (section 53). The employer cannot penalize an employee for taking any of these leaves (section 74).
Keep three separate counters per calendar year: sick leave, family responsibility leave and bereavement leave.
How many weeks of vacation do employees get in Ontario?​
The length depends on the period of employment at the end of each vacation entitlement year (section 33). That year is the 12 months starting on the hire date, unless the employer sets a different start date, with a prorated stub period (sections 1 and 34).
| Period of employment at the end of the vacation entitlement year | Vacation | Vacation pay |
|---|---|---|
| Less than 5 years | 2 weeks | 4% of wages |
| 5 years or more | 3 weeks | 6% of wages |
For an employee who does not take vacation in complete weeks, a week of vacation equals the number of days in their regular work week. Without a regular work week, it is the average number of days worked per week in the most recent vacation entitlement year (section 33).
How is vacation pay calculated?​
Vacation pay is at least 4% of the wages earned during the vacation entitlement year, excluding vacation pay, or 6% from five years of employment (section 35.2). Wages include overtime pay and public holiday pay.
Example: a program facilitator earned $41,600 during her vacation entitlement year and has 3 years of employment. Her vacation pay is $41,600 × 4% = $1,664. If she reaches five years of employment during that year, the ministry's guide states that 6% applies to all the wages of the year: $2,496.
Vacation pay is paid in a lump sum before the vacation starts (section 36). It can also be added to each pay if the employee agrees and the pay statement shows it separately, or paid at another time set out in an agreement. If the employment ends, accrued vacation pay is paid out (section 38).
See it with your own rules
Feuille de temps calculates each employee's vacation and sick banks, including vacation calculated as a percentage (4% or 6%).
When must vacation be taken?​
The employer sets the dates, but the vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given (section 35). Before five years of employment, it is taken as one two-week period or two one-week periods. From five years on, it is taken in periods of at least one week. Shorter periods are possible if the employee asks in writing and the employer agrees.
For each vacation entitlement year, the employer records the vacation earned, taken and outstanding, and the vacation pay paid, and keeps that record for five years (section 15.1). The other records to keep are listed in our article on employee time records in Ontario.
Note the end date of each vacation entitlement year: it sets the length of the vacation, the vacation pay percentage and the 10-month deadline.
Sources​
- Employment Standards Act, 2000, e-Laws
- Sick leave, Your guide to the Employment Standards Act, Government of Ontario
- Vacation, Your guide to the Employment Standards Act, Government of Ontario
Feuille de temps​
Feuille de temps is timesheet software built for non-profits. Once we have set up your rules with you, it keeps the vacation, sick and family leave banks, calculates percentage-based vacation and prepares reports for payroll.Frequently Asked Questions
How many sick days do employees get in Ontario?
Three days per calendar year, unpaid, after two consecutive weeks of employment. Sick days the employer provides, paid or unpaid, count toward those three days.
Can an employer ask for a sick note in Ontario?
The employer can ask for evidence that is reasonable in the circumstances, but not a certificate from a physician, registered nurse or psychologist for the three days of sick leave.
Are family responsibility leave and bereavement leave separate from sick days in Ontario?
Yes. The Act provides three days of family responsibility leave and two days of bereavement leave per calendar year, on top of the three sick days. These leaves are unpaid.
How many weeks of vacation do employees get in Ontario?
Two weeks after each completed vacation entitlement year if the period of employment is less than five years; three weeks from five years.
What percentage is vacation pay in Ontario?
4% of the wages earned during the vacation entitlement year, excluding vacation pay, before five years of employment; 6% from five years.
By when must vacation be taken in Ontario?
No later than 10 months after the end of the vacation entitlement year for which it is given. The employer sets the dates.