Terminated on medical leave
in Ontario
Was your job ended while you were off sick or on a medical leave? Information for employees in Ontario, with advice online by video or phone.
Initial consultation free for employment and human rights matters.
In Ontario, a termination during a medical leave is not automatically unlawful. An employer can still end employment for reasons that have nothing to do with the leave or the illness. What it cannot do is end the employment because the employee took a protected leave, or because of a disability. Even where the reason is lawful, notice or pay in lieu of notice, and sometimes severance pay, are still owed.
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Job-protected leaves under the Employment Standards Act
The Employment Standards Act, 2000 provides several unpaid, job-protected leaves. Employees on these leaves are generally protected from reprisal: an employer cannot threaten, terminate or penalize an employee for taking, planning to take, or asking about a leave.
- Sick leave: up to three days each calendar year, after two consecutive weeks of employment. Since October 28, 2024, an employer cannot require a note from a doctor or other health practitioner for this leave, though it can ask for other evidence that is reasonable in the circumstances.
- Long-term illness leave: up to 27 weeks in a 52-week period for a serious medical condition, after 13 consecutive weeks of employment, supported by a health practitioner's certificate. This leave began on June 19, 2025.
- Family medical leave: up to 28 weeks in a 52-week period to care for a family member with a serious medical condition and a significant risk of death.
- Other leaves, such as family responsibility, critical illness and family caregiver leave, each with their own rules.
Disability protection under the Human Rights Code
Many medical leaves also involve a disability, which is protected by the Human Rights Code. Employers have a duty to accommodate an employee's disability up to the point of undue hardship. That includes allowing time off for treatment and recovery, and taking part in a return-to-work process. A termination in which the disability was a factor, even one factor among several, can be discrimination.
Some employers rely on long absences with no reasonable prospect of return, sometimes called frustration of contract. Courts and tribunals look at this carefully, and the duty to accommodate still applies.
Notice and severance are still owed
If employment ends without cause, the employee is still entitled to notice or pay in lieu under the Act and, depending on the contract, to reasonable notice under the common law. Severance pay under the Act may also apply where the employee has five or more years of service and the employer has an Ontario payroll of at least $2.5 million. Time on a protected leave generally counts toward length of service.
Signs that the leave or illness may have been a factor
Employers rarely say that a leave or a health condition was the reason. Tribunals and courts look at the whole picture, including the timing and what the employer said and did.
- The termination came soon after a request for leave, a medical note or a request for accommodation.
- The reason given, such as restructuring, appeared only after the leave began.
- Return-to-work plans or modified duties were refused without real consideration.
- Comments were made about attendance, reliability or "commitment" linked to the illness.
- Benefits, such as long-term disability coverage, ended along with the job.
Benefits and disability insurance
Where an employee is receiving or may apply for short-term or long-term disability benefits through a workplace plan, a termination can affect that coverage. The Act generally requires an employer to continue benefit plan contributions during the statutory notice period. Disability insurance claims have their own policy deadlines, which are often shorter than the limits for employment claims, so the policy terms are worth reading early.
Time limits
An application to the Human Rights Tribunal of Ontario generally must be filed within one year of the last incident. A claim under the Employment Standards Act to the Ministry of Labour generally has a two-year limit, and a court claim for wrongful dismissal is generally two years. An employer's deadline to sign a release is not a legal time limit, and many people ask for time to have it reviewed.
A lawyer can review the timing, the termination letter and any medical and return-to-work records. Consultations are online by video or phone, across Ontario. Initial consultation free for employment and human rights matters.
Related: Employment law · Workplace discrimination · Severance in Ontario: what the law requires
General information, not legal advice. Last reviewed: October 2026 · Lutfi Law
Common questions
Still unsure? Our assistant can answer general questions any time.
Ask the AI assistantCan my employer terminate me while I am on sick leave?
Not because of the leave or a disability. An employer can end employment for unrelated reasons, but notice or pay in lieu is still owed. Whether the reason was truly unrelated is often the key question.
Do I still get severance if I was on leave?
Generally, yes, if the termination was without cause. Time on a protected leave usually counts toward service.
Does my employer need a doctor's note for my sick days?
For the three days of ESA sick leave, an employer can no longer require a note from a health practitioner. It can ask for other reasonable evidence. Longer leaves have their own rules.
How long do I have to act?
Generally one year for a human rights application and two years for an ESA claim or a court claim.
Is the first consultation free?
Initial consultation free for employment and human rights matters.
Terminated in Ontario? 5 things to do before you sign.
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