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I work for an American company’s Canadian branch in Ontario. They offer 5 paid sick days per year. Now, they introduced a new policy which states that for calling out sick (using the paid sick days which we are entitled to) we can be penalized. Calling out sick can result in a written or verbal warning, or even termination, even when the employer is notified in advance that the employee is calling out. My question is - is this policy enforceable for the Canadian branch, or can we not be penalized for calling out sick? To my understanding we are entitled to ESA and can’t be penalized for using it. Do I have a case for refusing to sign the new policy? Thank you!
Thank you for your inquiry. Pursuant to the Ontario ESA, most employees are entitled to three unpaid, job-protected sick days per year. I strongly recommend that you have the policy/contract reviewed before agreeing to the terms. Please contact us at the number below to schedule a formal contract/policy review.