Canada has no single national paid sick leave statute. Federally regulated employees — banks, telecom, interprovincial transport, postal services — are covered by the Canada Labour Code, which since December 2022 grants up to 10 days of paid medical leave per year. Everyone else is governed by their province’s employment standards legislation, and provinces vary wildly: British Columbia, Prince Edward Island, and Quebec have meaningful paid sick leave; Alberta and most others have only unpaid job-protected leave.
This guide maps the patchwork: the federal 10-day entitlement, the leading provincial paid sick leave regimes, the unpaid job-protected leave that exists everywhere, and the pitfalls multi-jurisdiction Canadian employers most often run into.
Key takeaways
- Federally regulated employees are entitled to up to 10 days of paid medical leave per year under the Canada Labour Code, with 3 paid days accruing after 30 days of service and the remaining 7 accruing through the year.
- British Columbia provides at least 5 days of paid sick leave per year under the Employment Standards Act.
- Prince Edward Island provides 1 day of paid sick leave after 12 months of service, plus unpaid job-protected sick leave.
- Quebec provides up to 2 paid sick days per year under the Act respecting labour standards, plus broader paid leave for family-related reasons.
- Most other provinces provide only unpaid job-protected sick leave (typically 3 days in Ontario, more in some provinces) — paid sick leave is contractual.
Federally regulated employees: 10 days
Federally regulated employees — about 8% of the Canadian workforce — are covered by the Canada Labour Code and the federal Medical Leave with Pay regulations. Since 1 December 2022, the entitlement has been:
- 3 days of paid medical leave after completing 30 days of continuous employment
- 1 additional day at the start of each subsequent month, up to a total of 10 paid days per year
- Unused days carry over to the following year, subject to a 10-day cap at any time
- A medical certificate may be required only for absences of 5 or more consecutive days, and the employer pays for it if requested
This is the most generous federal sick leave standard in Canada’s history. It applies regardless of whether the absence is illness, injury, organ donation, medical appointment, or quarantine.
British Columbia: 5 paid days
The BC Employment Standards Act entitles employees with 90+ days of service to at least 5 days of paid personal illness or injury leave per year, plus 3 days of unpaid leave. Key features:
- Pay is calculated as the average daily wage from the 30 days before the absence
- The leave year is set by the employer’s policy, often the calendar year or anniversary year
- A “reasonably sufficient proof” of illness can be requested but a doctor’s note is not automatically required
- Unused paid days do not carry over and are not paid out on termination
BC’s regime is the most worker-friendly outside the federal jurisdiction, and is the floor every BC employer must hit.
Prince Edward Island
PEI under the Employment Standards Act provides 1 paid sick day per year after 12 months of continuous employment, plus 3 unpaid sick days available from the first day of employment. It is a modest entitlement compared with BC, but it is the only Atlantic province with statutory paid sick leave for general workers as of 2026.
Quebec
Quebec under the Act respecting labour standards provides employees with 3 months of service with up to 2 paid days per year for sickness, organ donation, domestic violence, and several family-related reasons combined. Beyond those 2 paid days, employees can take up to a total of 26 weeks of unpaid sickness leave with job protection.
Quebec also has distinct rules on family responsibility leave and domestic violence leave that overlap partially with sick leave; the 2 paid days are drawn from the same overall pool.
Ontario, Alberta, and the unpaid-leave provinces
Most other provinces grant only unpaid job-protected sick leave:
| Province | Unpaid sick leave (job-protected) |
|---|---|
| Ontario | 3 days per year (Employment Standards Act, “sick leave”) |
| Alberta | 5 days per year (Employment Standards Code, “personal and family responsibility leave”) |
| Saskatchewan | 12 days per year (Saskatchewan Employment Act) |
| Manitoba | 3 days per year (unpaid, family responsibility) |
| New Brunswick | 5 days per year (unpaid sick leave) |
| Nova Scotia | 3 days per year (sick leave under the Labour Standards Code) |
| Newfoundland & Labrador | 7 days per year (unpaid sick or bereavement) |
Provinces without statutory paid sick leave do not stop employers from offering it contractually — many do, and the Canadian benchmark for office-based work is typically 5 to 10 paid sick days. But the statutory floor is unpaid in those provinces.
Pay during sick leave
For statutory paid sick leave, the rate generally tracks the employee’s average daily wage. The federal regulations and the BC Employment Standards Act both use a 30-day average. Quebec uses the contract rate for the 2 paid days. Calculation specifics matter for variable-hours staff — averaging over the wrong window can under- or over-pay.
Medical certification
Practice across Canadian jurisdictions is converging on the principle that a medical certificate should not be required for short absences. The federal Code restricts certificate requests to absences of 5+ consecutive days. BC requires only “reasonably sufficient proof”, and Ontario abolished routine sick notes for short absences in October 2024 amendments to the Employment Standards Act.
Employers who continue to demand certificates for one- or two-day absences in jurisdictions where the law restricts it create both compliance risk and friction with workers.
Employer obligations
Canadian employers across jurisdictions share four core obligations on sick leave:
- Identify the applicable jurisdiction — federal Canada Labour Code if federally regulated; otherwise the province where the employee normally works.
- Provide the statutory minimum under that law — paid where required, unpaid job protection at minimum elsewhere.
- Apply correct pay calculations for paid leave, using the prescribed averaging method.
- Respect medical certificate restrictions — particularly the 5-day federal threshold and Ontario’s 2024 limits on routine sick notes.
Multi-province employers often adopt a national paid sick leave policy that meets the highest applicable standard. This is administratively simpler and removes the awkwardness of giving Vancouver staff better sick pay than Toronto staff for the same role.
Common pitfalls
Five issues come up frequently for Canadian employers, particularly multi-jurisdiction ones:
1. Treating Ontario as paid
Ontario’s statutory sick leave is unpaid — 3 days job-protected. Employers who assume Ontario has paid sick leave are surprised on audit. Paid sick leave in Ontario is contractual, not statutory.
2. Mishandling federal employees
Federally regulated employers — even small ones — are under the Canada Labour Code, not provincial standards. A trucking company headquartered in Ontario with interprovincial routes is federal, not Ontario. The 10 paid days apply.
3. Ignoring carry-over for federal staff
Federal medical leave carries over up to 10 days at any time. Many federal employers running their first leave year under the new rules forget to roll over unused days, treating it as use-it-or-lose-it.
4. Demanding sick notes for short absences
Federal Code: no certificate for under 5 consecutive days. BC: “reasonably sufficient proof”. Ontario after October 2024: no routine notes for short absences. Employers running a “always require a sick note” policy violate at least one of these in 2026.
5. Confusing personal and sick leave
Several provinces (Alberta, Manitoba) bundle sick leave into a personal/family responsibility leave entitlement. Treating them as separate pools, or treating them as fungible when the law treats them combined, both create errors.
For broader context on Canadian leave entitlements, see our overview of annual leave in Canada and the main types of leave employers manage.
Frequently asked questions
Is there a national paid sick leave law in Canada?
Only for federally regulated employees, who are entitled to up to 10 paid medical leave days per year under the Canada Labour Code. Provincially regulated employees rely on their province’s standards.
How many paid sick days do BC employees get?
At least 5 paid days per year after 90 days of continuous service, under the BC Employment Standards Act. Some employer policies offer more.
Does Ontario have paid sick leave?
Not statutorily. Ontario’s Employment Standards Act provides 3 days of unpaid job-protected sick leave. Paid sick leave in Ontario is offered contractually.
Can employers require a sick note in Canada?
Practice varies. Federal employees: only for absences of 5+ consecutive days. BC: “reasonably sufficient proof”. Ontario: routine notes for short absences are restricted under 2024 amendments. Always check the operative jurisdiction’s rules.
Does sick leave carry over to the next year?
For federally regulated employees, unused paid medical leave carries over up to a 10-day cap. For most provincial regimes, paid sick leave is use-it-or-lose-it within the leave year.
Are sick leave days paid out on termination?
Generally, no. Paid sick leave is a contingent entitlement, not an accrued one. Annual leave is different — accrued vacation must be paid out on termination across all Canadian jurisdictions.
Putting it into practice
If you employ staff in Canada, the practical to-do list is short:
- Map each employee to the right jurisdiction — federal Canada Labour Code or the relevant provincial standards.
- Confirm your sick leave policy meets the statutory minimum in each jurisdiction (paid or unpaid).
- Apply the prescribed pay calculation for paid leave — typically a 30-day or contract-rate average.
- Update sick note policies to reflect federal restrictions, BC’s “reasonable proof” standard, and Ontario’s 2024 limits.
- For federally regulated employers, track carry-over correctly so the 10-day cap is respected.
A modern leave management system handles per-jurisdiction sick leave rules, applies the right pay calculation for federal vs BC vs Quebec staff, and keeps sick note requests within statutory limits — so multi-province Canadian employers can stop running parallel policies in spreadsheets.
Sources
- Canada Labour Code (Justice Laws Website) (primary federal source)
- Employment and Social Development Canada — Medical Leave with Pay
- BC Employment Standards Act
- Quebec — Act respecting labour standards
- Provincial employment standards Acts for ON, AB, SK, MB, NB, NS, NL, PEI
Last updated: 5 May 2026. This article is general guidance, not legal advice. For Canadian sick leave specifics — particularly federal vs provincial classification — consult an employment lawyer in the relevant jurisdiction.