Evolving Laws on Sick Notes
By Renee Boyda
Sick notes, or medical notes, are a common way for employers to verify an employee’s medical related illness from work. Recently, there has been a significant shift towards reducing an employer’s requirement for such notes. Legal changes across the country are reflecting this, by restricting an employer from requiring sick notes from employees. The rationale for this change is to remove the administrative burden for healthcare providers and employers along with reducing the risk for employees who must visit medical clinics, potentially exposing others and delaying recovery. The Canadian Medical Association has long advocated for the elimination of sick notes in the workplace, noting the burden they place on physicians and the potential for misuse. Here is an overview of each province’s requirements:
- In Alberta there has been no change to legislation so far and no announcement that there will be changes in the near future. Employers may still request sick notes for short-term absences; however, they must ensure that the medical information requested relates to the employee’s specific job duties and is relevant to the period of the absence.
- Saskatchewan recently amended its employment law. Employers are now only allowed to ask for a sick note if the employee has been absent for more than five consecutive working days, or the employee has been absent twice for two or more days in the preceding 12 months. This change received royal assent on May 13th, 2025, but the exact date it will come into force will be determined by an order of the Lieutenant Governor in Council and has not been announced yet.
- Under the Manitoba Employment Standards Code Amendment Act employers are generally prohibited from requiring a sick note unless the employee has been absent due to illness or injury for more than seven days in the previous 12 months or there is a noticeable pattern to absences that reasonably creates doubt about their legitimacy. If an employer does require a sick note and there is no noticeable pattern of absences, the employer must reimburse the employee for any charge by the health professional providing the note.
- Employers in Ontario are no longer allowed to require a sick note from a qualified health practitioner for up to three days of unpaid job-protected sick leave per year under the Employment Standards Act. Instead, employers may request reasonable evidence of the need for a leave such as a self-attestation or declaration from the employee, but not a medical note from a doctor. For absences longer than three days or when workplace accommodations are needed, employers may still request a doctor’s note if it is reasonable in the circumstances.
- As of January 1, 2025, Quebec law prohibits employers from requiring a medical note to justify an employee’s absence due to sickness for the first three periods of absence, each not exceeding three consecutive days, within a 12-month period. This rule also applies to absences for caregiving responsibilities for children, relatives, or others for whom the employee acts as a caregiver. If absences are questionable or clearly unjustified, employers may still take disciplinary action, but they cannot require a medical note for these first three short-term absences.
- Nova Scotia employers cannot request a sick note unless the absence is more than five consecutive working days, or if the employee has had at least two non-consecutive absences of five or fewer days in the previous 12 months.
- New Brunswick employers may request a sick note if the absence is four or more consecutive days.
- Prince Edward Island employers may request a sick note if the absence is three or more consecutive days.
- In Newfoundland and Labrador, as of December 2024, there is no longer a statutory requirement for sick notes after three days of absence due to illness, but employers can still set their own policies. Recent proposals aim to further limit when sick notes can be requested.
Managing employee absences due to illness is a critical responsibility for all employers, but these recent legal changes and evolving medical recommendations have shifted how sick notes should be handled. Best practices for employers include:
- establishing a clear, written policy outlining when sick notes will be required, ensuring it aligns with your current provincial legislation.
- maintaining open communication with employees and respecting confidentiality.
- for short term absences, rely on self-attestation forms or reasonable evidence rather than medical documentation, unless there is a pattern of abuse or extended absence.
- for longer absences or if workplace accommodation is needed, request a sick note, but only require information about the duration of absence, functional abilities or restrictions, and fitness to return – not the diagnosis.
- ensuring consistency in applying sick notes policies to avoid discrimination or favoritism.
- reimbursing employees for any costs incurred in obtaining a sick note, if required by law.
- educating managers and employees on any changes you have made to your policies and procedures regarding sick notes.
As more provinces have moved to restrict or eliminate sick note requirements for short absences, employers are encouraged to adopt trust-based approaches, such as self-attestation and clear, consistent policies, reserving medical documentation to longer-term or complex cases. This shift supports employee wellbeing and public health and also helps reduce administrative inefficiencies while fostering a more resilient workplace. If you require some assistance in navigating these changes, please reach out to us at Legacy Bowes.
Renee Boyda is a human resources consultant with Legacy Bowes. Renee is a CPHR candidate, received her Bachelor of Arts in Sociology from the University of Manitoba, and received both Human Resource Management and Management Development Certificates with Honours from Red River College. Renee is focused on building HR structures and processes to create consistency and fairness in workplaces across Canada. Renee is a proud Metis, with over 12 years of human resource experience in both union and non-union environments. She can be reached at (204) 947-5525.
