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Question about sick days in Ontario, Canada

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  • Question about sick days in Ontario, Canada

    Hi. I'm posting this here because I don't feel it falls under the other two topics... but I have a situation and require some sound legal advice.

    I'm working for a company, and coming up in April I'll be celebrating my second year of employment with this company.

    However, last year I was sick for quite a few days, and mid way through the year I was hospitalised for a week and diagnosed with Crohn's disease, which is now under control. It was the underlying reason for a lot of my missed days up til that point, and for some missed days until medication was able to stabilise my health.

    For most of my missed time last year, I provided doctor's notes, or a hospital note. All doctor's visits were scheduled ahead of time, and time was sometimes even made up.

    Last year in November, after all the time that I missed, I received a written warning about how many days I've missed (15.5, Ontario Labour Laws allow for 10). I signed the written warning after writing a short paragraph on why I was away for so many days, and thought it to be over and finished.

    Today, I again received a new written notice about missed time from last year, the opening paragraph is as follows:

    "The purpose of this document is to bring your attention to your attendance performance. For 2006, you were absent for 15.50 days. This performance is not acceptable. If this level of performance were to continue in the New Year, your employment could be terminated".

    Now, if it was just a memo stating that I'll be expected to improve, which I have done, I'd let it all be. The thing is, this new write up goes into detail about how if I'm away from the workplace in excess of 1 hour, I'll be required to provide documentation as to where I am.

    My question is... where should I go from here? Should I seek legal advice? Should I sign this and hope that this is the end of it? Should I refuse to sign this and let is hang over me as a dark cloud? I feel this is borderline harassment, because it was agreed last year that this situation would be put under control, and it has been, yet still they persist on aggravating the whole thing.

    If there's anyone who is well versed in Ontario Labour Law who would be able to help me out with this situation, I'd be more than happy to provide a scanned copy of this document.

    Any advice would also be well appreciated.

    Thanks!

  • #2
    Re: Question about sick days in Ontario, Canada

    You cannot be harassed or even fired for legitimate illness. Have a lawyer briefly help you draft a response if you would like.

    Comment


    • #3
      Re: Question about sick days in Ontario, Canada

      Originally posted by Unregistered View Post
      You cannot be harassed or even fired for legitimate illness. Have a lawyer briefly help you draft a response if you would like.
      Will the legal fees be worth the result? It would simply be easier (if you've kept records, maybe your doctor can help) to provide documentation of where you've been that November? I'm sure you've shown/given that documentation already, but the onus now is on you to provide it again, I beleive.

      Comment


      • #4
        Re: Question about sick days in Ontario, Canada

        Originally posted by Unregistered View Post
        You cannot be harassed or even fired for legitimate illness. Have a lawyer briefly help you draft a response if you would like.
        I'd agree on the Harassment but I think you are wrong on the illness point:

        Paid sick leave has its advantages

        Employment Standards FAQ | Ontario Ministry of Labour

        Ontario has no legislation for sick days paid or unpaid until you employ over 50 people. Then you are required to provide up to 10 days per year unpaid leave.

        Now I'd say an employer offering no sick day options at all would not be a very good workplace but from the looks of the above they have no requirement to do so in Ontario.

        Comment


        • #5
          Re: Question about sick days in Ontario, Canada

          Sick days are a federal. Youre allowed up to 3 months for serious illnesses.

          >> workplace.ca LAWS

          Comment


          • #6
            Re: Question about sick days in Ontario, Canada

            Actually those are for workplaces who fall under federal jurisdiction only. Most businesses fall under provincial. So yes it's 10 days in Ontario for personal emergency leave. IF however your illness becomes defined as a disablity then the employer has a duty to accomadate. But an illness does not automaticlaly equal a disablity.

            Comment


            • #7
              Re: Question about sick days in Ontario, Canada

              I too received a written warning when I came back from sick leave- off one month for surgery.
              In the following year, I had another surgery, this time for a ruptured appendix and off for one
              month to recover. I came back to work and was 'terminated without cause" after 5 weeks back.
              My termination has nothing to do with performance as I know I am a top performer- due to
              my supervisor disliking me.
              All you can do, is take it to the lawyer, as a firing due to an illness (disability) is against the
              "Human Rights code."
              Good luck.

              Comment


              • #8
                I too have a question about sick days in ontario. My company gives us 10 paid sick days. I used up 3 of those and unfortunately this month, my child had chicken pox. I stayed home with him for 5 days. Upon my return, i asked my manager if she needed a doctor's note. And she said she is filing my absence as a LOA and refused to use my remaining paid sick days. Other employees have used their sick days for the same reason. I wanna know if what she did is legal? Pls. Advise... Thank you

                Comment


                • #9
                  Originally posted by Unregistered View Post
                  I too have a question about sick days in ontario. My company gives us 10 paid sick days. I used up 3 of those and unfortunately this month, my child had chicken pox. I stayed home with him for 5 days. Upon my return, i asked my manager if she needed a doctor's note. And she said she is filing my absence as a LOA and refused to use my remaining paid sick days. Other employees have used their sick days for the same reason. I wanna know if what she did is legal? Pls. Advise... Thank you
                  sick days are for when you are sick, not your kid

                  Comment


                  • #10
                    Originally posted by Unregistered View Post
                    I too have a question about sick days in ontario. My company gives us 10 paid sick days. I used up 3 of those and unfortunately this month, my child had chicken pox. I stayed home with him for 5 days. Upon my return, i asked my manager if she needed a doctor's note. And she said she is filing my absence as a LOA and refused to use my remaining paid sick days. Other employees have used their sick days for the same reason. I wanna know if what she did is legal? Pls. Advise... Thank you
                    There is a leave meant for this. Family care leave and sick child leave....you don't need to use your own sick days

                    Comment


                    • #11
                      Re: Question about sick days in Ontario, Canada

                      In Ontario Emergency Leave (Unpaid) for up to 10 days may be taken for Personal Sick Leave for
                      injury or medical emergency. death illness or medical emergency of a spouse, parent, step-parent, foster parent, child step-child. grandparent, step-grandparent, , grandchild step-grandchild of the employee or the employee's spouse.
                      For the brother or sister of the employee or a relative of the employee who is dependent upon the employee for care.

                      This applies to companies of 50 or more employees only.

                      The Employment Standards Act of 2000 is the law that applies. There are exceptions for certain governmental employees in critical jobs such as federal civil service, banks, radio and television stations, employees of the Crown and others.

                      The Ontario Ministry of Labour is your best source of guidance in this matter.

                      Comment


                      • #12
                        Re: Question about sick days in Ontario, Canada

                        [if I was hired with 5 sicks days and told 3 years later that we will now only get 3 sick days as we joined with another company 2 years ago and they only get 3 sick days is this legal

                        Comment


                        • #13
                          Re: Question about sick days in Ontario, Canada

                          Yes, in the US sick days are not required. They can give you zero sick days if they choose.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment


                          • #14
                            Re: Question about sick days in Ontario, Canada

                            Is that really correct?
                            I thought they had to give you some sick days in the US?

                            Comment


                            • #15
                              Re: Question about sick days in Ontario, Canada

                              I don't know exactly that he law is but my employer in Ontario told me if I take sick day this month, because we are VERY busy, he would fire me.

                              Is that legal?

                              Comment

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