Serious Illness, Work and Income in Canada

Questions about work and money arrive fast after a diagnosis — what leave you're entitled to, what your employer can ask, and what support is available if you can't work. This guide covers your rights and options, and flags where the answer depends on your province or territory. If you'd rather have a plan built around your situation, answer a few questions and we'll build one around you →

What you have to tell your employer — and what you don't

There is no general legal obligation to name your diagnosis to your employer. You are only required to share enough information to access the leave or workplace accommodation you need. In most situations, stating that a health condition is affecting your ability to work is sufficient — you do not have to disclose the name of your illness, your prognosis, or your treatment plan.

If you need time off or changes to how you work, your employer may ask for information to understand your situation. It is reasonable to describe your functional limitations — what you can and cannot do at work — without specifying the underlying diagnosis. A medical certificate from your doctor confirming that you are unfit for work, or need modified duties, does not need to name the condition.

If you do share more detail, put any agreed arrangements about leave, hours, or adjusted duties in writing — email is sufficient — so both parties have a clear record.

Human-rights legislation protects you from discrimination based on disability: federally regulated employees are protected by the Canadian Human Rights Act, while provincially regulated employees are protected by their province or territory's human-rights code. These protections apply from the point at which your employer knows or ought to know that you have a disability — you do not need to use the word "disability" to be protected.

One exception: if your role involves a statutory licence or professional registration — such as a commercial driver's licence, a transport of dangerous goods certification, or registration with a regulated health profession body — that body may have its own reporting requirements separate from your employment relationship. Check your registration conditions if this applies to you.

Job-protected leave

Most provinces and territories, and the federal jurisdiction, now provide unpaid, job-protected leave for a serious personal illness of up to roughly 26–27 weeks — broadly aligned with the 26 weeks of EI Sickness Benefits. The leave protects your job; EI provides the income during it. The exact length, minimum service requirements, notice obligations, and conditions for the leave vary by jurisdiction — check the employment standards legislation for your own province or territory.

Verified examples:

• Ontario — up to 27 weeks of unpaid, job-protected illness or injury leave under the Employment Standards Act, 2000 (extended to 27 weeks as of June 2025).
• British Columbia — up to 27 weeks of unpaid, job-protected illness or injury leave under the BC Employment Standards Act.
• Alberta — up to 27 weeks of unpaid, job-protected long-term illness and injury leave under the Employment Standards Code (increased from 16 weeks as of 1 January 2026).
• Saskatchewan — up to 27 weeks of unpaid, job-protected sick leave under the Saskatchewan Employment Act (increased as of 1 January 2026).
• Quebec — up to 26 weeks of unpaid, job-protected leave for your own illness under the Act Respecting Labour Standards.
• Federally regulated employees — up to 27 weeks of unpaid, job-protected medical leave under the Canada Labour Code, in addition to up to 10 paid sick days per year.
• Other provinces and territories — entitlements vary; check your provincial or territorial employment-standards office for the current rules.

Leave typically requires a medical certificate from a doctor or nurse practitioner and a minimum period of employment with your current employer. Notify your employer as soon as reasonably practicable and in writing where possible.

Duty to accommodate

Human-rights legislation in Canada requires employers to accommodate employees with a disability to the point of undue hardship. A serious illness that substantially limits your ability to carry out major life activities — including work — can qualify as a disability under human-rights law even if the condition is temporary or treatable.

The duty applies across all jurisdictions:

• Federally regulated employees — protected by the Canadian Human Rights Act, enforced by the Canadian Human Rights Commission at chrc-ccdp.gc.ca or 1-888-214-1090.
• Ontario — protected by the Ontario Human Rights Code, enforced through the Human Rights Tribunal of Ontario and the Ontario Human Rights Commission at ohrc.on.ca.
• British Columbia — protected by the BC Human Rights Code, enforced by the BC Human Rights Tribunal at bchrt.bc.ca.
• Alberta — protected by the Alberta Human Rights Act, enforced by the Alberta Human Rights Commission at albertahumanrights.ab.ca.
• Quebec — protected by the Charter of Human Rights and Freedoms, enforced by the Commission des droits de la personne et des droits de la jeunesse (CDPDJ) at cdpdj.qc.ca.
• Other provinces and territories — each has its own human-rights legislation and commission or tribunal.

Accommodation can include:

• Modified or reduced duties during treatment or recovery
• Reduced or flexible hours, including part-time arrangements
• A gradual or phased return to work after sick leave
• Working from home or a hybrid arrangement
• Changes to your workspace, equipment, or physical environment
• Additional rest breaks or scheduling flexibility around medical appointments

"Undue hardship" is a high threshold — employers cannot refuse to accommodate simply because it is inconvenient or involves some cost. Whether an accommodation causes undue hardship depends on the employer's size, resources, the nature of the adjustment, and any safety implications. Make accommodation requests in writing and describe the limitations you are experiencing — you don't need to use the term "disability" or name your diagnosis.

Protection from dismissal

You cannot lawfully be dismissed because of a disability — dismissing an employee for that reason is discrimination under both human-rights legislation and, in most jurisdictions, employment standards law. Employment can still end for other legitimate reasons — genuine redundancy, serious misconduct, or business closure — but the reason must not be the disability itself or sickness absence caused by it.

Frustration of contract is sometimes argued by employers after a prolonged absence where there is no foreseeable return to work. Even where frustration is eventually established, it does not remove the obligation to have first met the duty to accommodate. Courts apply a high bar, and an employer who has not genuinely explored accommodation before invoking frustration faces significant legal risk.

If you are dismissed, you are generally owed both your statutory entitlement under employment-standards legislation (notice or pay in lieu of notice, and in some cases severance) and your entitlement under the common law. Common-law reasonable notice — determined by courts based on your age, length of service, seniority, and the availability of comparable employment — can reach approximately 24 months' pay in some circumstances, and is often far greater than the statutory minimum. This entitlement is reduced or eliminated only if your employment contract contains an enforceable termination clause that clearly limits notice to the statutory minimum. If you are dismissed and unsure of your entitlements, an employment lawyer can advise — many offer a free initial consultation and work on a contingency basis.

If you believe your dismissal was related to your disability, you can also file a human-rights complaint with the relevant commission or tribunal. Time limits for complaints vary by jurisdiction but are typically one year from the last act of discrimination — act promptly.

Unionized employees are in a different position: your union is your first point of contact. A dismissal or failure to accommodate is typically addressed through the grievance procedure in your collective agreement, and your union represents you through that process rather than you engaging a private lawyer.

EI Sickness Benefits — the income bridge

Employment Insurance (EI) Sickness Benefits are the main federal income support while illness prevents you from working. They are administered by Service Canada.

• Pays 55% of your average insurable weekly earnings, up to a maximum of approximately $729 per week in 2026 (check canada.ca/ei-sickness for the current maximum, as it adjusts annually).
• Benefits last up to 26 weeks.
• You must have accumulated at least 600 insured hours in the qualifying period (generally the last 52 weeks).
• A medical certificate from a doctor or nurse practitioner is required, confirming your inability to work.
• There is a one-week waiting period at the start of a claim — no benefits are paid for this first week.
• Your employer must issue a Record of Employment (ROE) when your insured earnings are interrupted. The ROE is required to process your EI claim — if your employer does not provide it promptly, contact Service Canada.

Check whether your employer has a group short-term disability plan that covers the waiting period or the early weeks of your absence before EI begins. If so, coordinate the timing with your employer's HR or benefits administrator. Apply for EI through My Service Canada Account at canada.ca or by calling 1-800-206-7218. Apply as soon as your insurable earnings stop — EI is generally not paid retroactively before the application date.

When EI Sickness Benefits run out

EI Sickness Benefits last up to 26 weeks. If you remain unable to work after that, the next steps depend on what coverage you have and how severe and prolonged your disability is.

• Employer group long-term disability (LTD) insurance — many employer benefit plans include LTD coverage that begins after a waiting period (typically 90 to 180 days). EI can bridge the gap while you wait for LTD to activate. Check your benefits booklet and file your LTD claim early — insurers typically require notice promptly after disability begins, not only when EI runs out.
• Individual income-protection insurance — if you hold a private disability policy, check the waiting period, the definition of disability, and the maximum benefit period in your policy documents.
• CPP Disability Pension — if your disability is severe and prolonged (see below), CPP Disability can provide ongoing income. Apply early, as assessment takes months.
• Provincial or territorial disability assistance — means-tested programs (such as ODSP in Ontario, the Persons with Disabilities designation in BC, or AISH in Alberta) provide a last resort for those who cannot work and do not qualify for CPP Disability or LTD. See the financial help guide for more detail.

CPP Disability Pension

The Canada Pension Plan (CPP) Disability Pension is a federal benefit for people whose disability is both "severe" (preventing any substantially gainful employment) and "prolonged" (long-term or likely to result in death). It is administered by Service Canada.

To be eligible you generally need to have made CPP contributions in at least four of the last six years (or three of the last six years if you have 25 or more years of contributions). Self-employed people who have paid CPP contributions are also potentially eligible.

Key points:

• The application and medical assessment process takes several months — apply as early as possible once a prolonged inability to work is confirmed. Do not wait until EI Sickness Benefits have run out to begin the CPP Disability application.
• While receiving CPP Disability, you may have limited allowable earnings. If your earnings exceed the threshold that indicates an ability to engage in substantially gainful employment, your benefit may be reviewed or stopped. Check canada.ca/cpp-disability for the current earnings ceiling.
• At age 65, the CPP Disability Pension automatically converts to a CPP retirement pension.
• If your application is refused, you have the right to request a reconsideration and, if still refused, to appeal to the Social Security Tribunal of Canada. Many successful appeals involve additional medical evidence — consider engaging a disability advocate or lawyer if your initial application is refused.

If you're self-employed

Self-employed people in Canada do not automatically have access to EI Sickness Benefits. To be eligible, you must have previously registered voluntarily for EI special benefits for self-employed people with Service Canada, and your agreement must have been active for at least 12 months before you make a claim — meaning you paid premiums throughout that period.

The premium rate for self-employed EI registrants is $1.63 per $100 of insurable earnings, up to a maximum annual premium of approximately $1,123.07 in 2026. The rate is lower in Quebec, where parental benefits are administered separately through the Quebec Parental Insurance Plan.

If you never opted in to the EI self-employed program — or if your agreement has not been active long enough — you cannot access EI Sickness Benefits now. In that case, your options are:

• CPP Disability Pension — if you have contributed sufficiently to the Canada Pension Plan through self-employment earnings and your disability meets the threshold.
• Provincial or territorial disability assistance — means-tested programs as a last resort if you cannot work and other supports are unavailable.
• Disability Tax Credit and Canada Disability Benefit — the federal Disability Tax Credit (Form T2201) is the gateway to the Canada Disability Benefit (up to $200/month, rising to $204 from July 2026, for ages 18–64) and the Registered Disability Savings Plan. These are available regardless of employment status.
• Private income-protection insurance — if you hold a personal disability policy, check the terms, waiting period, and definition of disability.

Keep records of your business income — tax returns, invoices, bank statements — as these will be relevant to any benefit application or insurance claim.

Keep a simple record

As you navigate sick leave, benefit claims, and employer requests, maintain a basic written record. A folder of emails, a notebook, or a notes app is enough — having a record matters if anything is disputed later.

• Keep a copy of your Record of Employment (ROE) when your employer issues it — you need this to apply for EI.
• Keep copies of all medical certificates before submitting them to your employer or insurer.
• Save copies of any written accommodation requests you make and your employer's responses.
• Keep copies of all HR and management correspondence — letters, emails, and written decisions about your leave or return to work.
• Keep all benefit and insurer correspondence — reference numbers, decision letters, and any appeals — in one place.
• Note dates and a brief summary of important verbal conversations — with your manager, HR, or Service Canada — and follow up with an email so there is a written record.

Key contacts

• Service Canada — 1-800-206-7218 or canada.ca. For EI Sickness Benefits applications, CPP Disability applications, and the Canada Disability Benefit. Also accessible through My Service Canada Account online.
• Your provincial or territorial employment-standards office — for information on job-protected leave entitlements and filing a complaint if leave is denied. Find your jurisdiction's office through your provincial government website.
• Canadian Human Rights Commission — 1-888-214-1090 or chrc-ccdp.gc.ca. For federally regulated employees facing disability discrimination or a failure to accommodate.
• Your provincial or territorial human-rights commission or tribunal — for provincially regulated employees. Find yours through your provincial government website (e.g., ohrc.on.ca for Ontario, bchrt.bc.ca for BC, albertahumanrights.ab.ca for Alberta, cdpdj.qc.ca for Quebec).
• Canada Revenue Agency (CRA) — 1-800-959-8281 or canada.ca/cra. For Disability Tax Credit applications (Form T2201) and related programs.
• 211 — available by phone and at 211.ca. Free referral service connecting you to community legal clinics, disability advocacy organizations, and social services in your area.