Evolving laws on sick notes

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. 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.

Read on for a snapshot of what is happening across Canada regarding sick notes. 

1. British Columbia introduced Bill 11 to amend the Employment Standards Act to restrict employers from requiring sick notes for short-term health-related absences. This Bill is expected to be enacted before Fall 2025.
2. 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 twelve 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.
3. 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 twelve 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.
4. Employers in Ontario are no longer allowed to require a sick 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.
5. Federally regulated employers may only require a sick note if the employee is absent for five or more consecutive days due to illness or injury. Then the employer can request a medical certificate from a healthcare practitioner but must do so in writing, and no later than 15 days after the employee returns to work. If the absence is fewer than 5 consecutive days, the employer cannot require a medical certificate.

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.

For more information on sick notes in the different provinces, click the links below. 

https://www.cma.ca/our-focus/administrative-burden/reducing-mandatory-sick-notes

https://news.gov.bc.ca/releases/2025LBR0016-000336

https://web2.gov.mb.ca/bills/40-5/b202e.php

https://www.ontario.ca/document/your-guide-employment-standards-act-0/sick-leave

https://laws-lois.justice.gc.ca/eng/acts/l-2/page-32.html