In Canada, sick leave entitlements vary by jurisdiction. Under the federal Canada Labour Code, employees in federally regulated industries are entitled to up to 10 days of paid sick leave. Additionally, Employment Insurance (EI) provides sickness benefits of up to 15 weeks at 55% of average insurable weekly earnings. Most provinces and territories also have their own sick leave provisions.

Statutory entitlement

Federal: up to 10 days of paid sick leave per year for federally regulated employees. EI sickness benefits: up to 15 weeks at 55% of average insurable weekly earnings (maximum $668/week in 2024). Provincial entitlements vary — most provinces provide 3–10 days of unpaid job-protected sick leave.

Eligibility

Federal sick leave: three consecutive months of continuous employment. EI sickness benefits: 600 hours of insurable employment in the previous 52 weeks. Provincial sick leave: varies by province — typically requires a minimum period of employment.

Employer obligations

  • Grant paid sick leave as required by the applicable jurisdiction (federal or provincial).
  • Provide EI Record of Employment (ROE) to enable the employee to claim EI sickness benefits.
  • Maintain the employee's position during job-protected sick leave.
  • Not require a medical certificate for absences within the statutory entitlement (varies by jurisdiction).
  • Comply with the applicable provincial employment standards legislation for provincially regulated employees.

Employee rights

  • Right to paid sick leave under federal or provincial law.
  • Right to EI sickness benefits for up to 15 weeks.
  • Right to job protection during the statutory sick leave period.
  • Right not to be dismissed or subjected to reprisal for taking sick leave.

Common pitfalls

  • Applying federal rules to all employees — most Canadian employees are provincially regulated. Employers must check the applicable provincial legislation.
  • Not issuing the ROE — employers must issue a Record of Employment within five days of the interruption of earnings.
  • Requiring a medical certificate for short absences — many provincial laws prohibit requiring medical certificates for absences within the statutory entitlement.

Federal vs provincial jurisdiction

Approximately 90% of Canadian workers are covered by provincial employment standards. Federal jurisdiction covers industries such as banking, telecommunications, interprovincial transport, and federal public service. Employers must determine which jurisdiction applies.

EI sickness benefits

Employment Insurance provides up to 15 weeks of sickness benefits at 55% of average insurable weekly earnings, up to a maximum of $668 per week (2024). Employees apply through Service Canada. The employer does not pay EI benefits but must issue the ROE.

Provincial sick leave

Most provinces provide unpaid job-protected sick leave: Ontario (3 days), Quebec (5 days), British Columbia (5 days), Alberta (5 days), and others. Some provinces, such as Quebec, also provide paid sick leave through the provincial insurance plan.

Frequently asked questions

How many days of paid sick leave do employees get?

Federally regulated employees get 10 paid sick days per year. Provincial entitlements vary — most provide unpaid job-protected sick leave, but Quebec provides paid sick leave through the QPP.

Can an employee use sick leave and EI benefits at the same time?

Sick leave is taken first (during the statutory period). After exhausting statutory sick leave, the employee can apply for EI sickness benefits if eligible.

Can an employer require a medical certificate?

It depends on the jurisdiction. Federal law allows employers to request a medical certificate after three days. Provincial rules vary.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.