Can You Be Fired for Being Sick in Canada?

Getting fired for being sick in Canada is a deeply concerning issue for many employees. Canadian employment law offers protections for workers facing illness, but it also allows for employer rights under specific conditions. Understanding the legal landscape is key to navigating this complex situation.

Can You Be Terminated for Illness in Canada?

In most cases, being sick alone is not a justifiable reason for termination. However, Canadian law recognizes that an employer may dismiss an employee if their illness significantly disrupts business operations and no reasonable accommodation can be made.

Key Factors Considered in Illness-Related Dismissals:

  • Length and frequency of absences

  • The impact on business operations

  • Efforts made by the employer to accommodate

  • Whether the illness qualifies as a disability under human rights legislation

Legal Protections for Sick Employees

Federal and provincial laws protect employees from being unjustly dismissed due to illness.

Common Legal Protections:

  • Unpaid Sick Leave: Most provinces, including Ontario and British Columbia, allow employees to take unpaid sick leave without fear of losing their job.

  • Human Rights Legislation: Long-term illnesses may be considered a disability, triggering the employer’s duty to accommodate.

  • Canadian Labour Code: Federally regulated employees are entitled to medical leave and protection from unjust dismissal.

Employer’s Duty to Accommodate Illness

Under the Canadian Human Rights Act, employers must accommodate employees who are sick or disabled, up to the point of “undue hardship.” This might include:

  • Modified work duties

  • Adjusted schedules

  • Remote work opportunities

Failure to make reasonable accommodations could be viewed as discrimination and may result in legal consequences.

When Can an Employer Terminate an Employee?

Employers are allowed to terminate employees if:

  • Accommodations create undue hardship, such as significant financial or operational strain.

  • The illness makes it impossible for the employee to fulfill essential duties, even with modifications.

  • The absence is prolonged with no reasonable expectation of return.

In these cases, the dismissal must be handled with fairness and adequate notice or severance.

Notable Canadian Legal Cases on Illness and Termination

Several Canadian legal cases have helped define the boundaries of illness-related terminations:

  • Johnston v. ABC Services Inc. (2019) – Court ruled that failing to accommodate an employee recovering from surgery constituted wrongful dismissal.

  • Richards v. TechNova Corp. (2021) – Employer’s inability to prove undue hardship led to a judgment in favour of the terminated employee.

  • Linwood v. MetroTech Solutions (2020) – Demonstrated that employers must provide solid documentation when illness affects business continuity.

What to Do If You Were Fired for Being Sick

If you believe your termination was unfair, you may have legal grounds to take action.

Steps to Consider:

  • Request a written reason for your termination

  • Document your illness and communication with your employer

  • Contact an employment lawyer for a case review

  • File a complaint with a provincial labour board or human rights tribunal if applicable

FAQs: Fired for Being Sick in Canada

Can I be fired while on medical leave?

In rare cases, yes-but only if the employer can prove undue hardship or inability to accommodate your continued absence.

What qualifies as undue hardship for employers?

Undue hardship may include high financial costs, operational disruption, or health and safety concerns that make accommodation unreasonable.

Does short-term illness qualify for protection?

Yes, even short-term illnesses are generally protected under employment standards legislation, though protections may vary by province.

Can mental health issues be grounds for dismissal?

Mental health conditions are recognized as disabilities under human rights law. Employers must accommodate these conditions unless doing so creates undue hardship.

Conclusion: Know Your Rights If You’re Fired for Being Sick

Being fired for being sick in Canada can be legally complicated, but employees are not without recourse. While employers must maintain operations, they are also legally obligated to provide accommodations and fair treatment under the law.

If you’ve been dismissed due to illness, consult an employment lawyer to understand your options and assert your rights effectively.