I’m Sick, Do I Need A Doctor’s Note?
We all know we need to prepare for cold and flu season as temperatures start to drop. However, Ontario employees who are taking sick leave do not need to add procuring a doctor’s note to their to-do list.
Do you need to get a doctor’s note in Ontario?
Under the Ontario Employment Standards Act, 2000 (“ESA”) employees who have been employed for at least two consecutive weeks are entitled to a minimum of three sick days per year.
Until recently, employers could require proof of illness in the form of a medical note from a “qualified health practitioner” such as a doctor, nurse or psychologist. On October 28, 2024, the Working for Worker’s Five Act (Bill 190) received royal assent, prohibiting employers from requiring a medical certificate as evidence of such illness.
Employers are still allowed to require other forms of evidence that is “reasonable in the circumstances”, such as a self-attestation. However, the elimination of such “unnecessary paper” is a welcomed changed for both employees and health care professionals across the province.
As outlined in a report published on October 28, 2024, the Canadian Medical Association has been calling for a wide-spread elimination of doctor’s note requirements for short-term illnesses for quite some time. The report reinforces the administrative burden such requirements have on our health care systems, proposing more practical solutions such as self-certification and flexible leave policies.
When can an employer ask for a doctor’s note in Ontario?
Notably, employees need to know that this change only applies to requests for the three days of sick leave under the ESA. There are various other situations, such as other job-protected leaves and accommodation requests, where an employee is required to provide their employer with a medical certificate as supporting evidence or either their illness, or accommodation request.
Can I refuse a request for a doctor’s note?
If an employer requests a doctor’s note to support the request for accommodations or other protected leaves and an employee fails to produce one, the employer may be able to refuse the request. Thus, its best to work in collaboration with your employer on these types of requests.
If you’re asking when can an employer ask for a doctor’s note in Ontario? In short, the answer is, it depends on the circumstances. Doctor’s notes are a thing of the past for the minimum 3 sick days per year as outlined in the new ESA law. However, they may still be required for accommodations and other protected leave requests.
If you would like to get advice on these recent changes, please contact Whitten & Lublin online or by phone at (416) 640 2667.
Author – Sophie Teversham