In our May 2025 Alert we provided a list of current federal and provincial legislative restrictions around the collections of sick notes for short-term minor illnesses.
Since then, several provinces have further updated their legislative restrictions.
- British Columbia: Effective November 12, 2025, employers are prohibited from requiring a doctor’s note for an employee’s first five days of sick leave or first two health-related absences of five days or fewer in a calendar year. Accordingly:
- An employer may request a doctor’s note where an employee’s absence exceeds five consecutive days.
- An employer may also request a doctor’s note for the third health-related absence in a calendar year. For example, if an employee takes one short-term health-related absence in February and another to care for a family member in April, the employer may require a medical note for a third such absence later in the year.
Similarly, the employee may also take those days to care for a “prescribed individual” without needing to provide a doctor’s note. The British Columbia Employment Standards Act has yet to define a “prescribed individual.” An employer could still ask for other documentation that may provide reasonable proof of an employee’s medical leave of absence.
- Ontario: Effective June 19, 2025, a new Long-Term Illness leave has come into effect, and an employer can ask an employee to provide a certificate from a “qualified health practitioner” setting out the nature of the condition and duration of time off required. An employer continues to be restricted from requiring doctor’s notes for the first three days of sick leave annually.
- Saskatchewan: As a reminder, effective January 1, 2026, an employer can no longer request a sick note unless an employee is absent for more than five consecutive working days or has or has been absent twice for two or more days in the preceding twelve months.
There are no other changes to Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Federal legislative restrictions. Alberta does not yet have legislation preventing the collection of sick notes.
However,
- Manitoba: Government plans to introduce legislative, which will prevent an employer from requesting a sick note unless an employee is absent for more than seven consecutive calendar days.
If you have additional questions about an employee’s sick leave or your ability to request supporting documentation, please do not hesitate to contact ClientCare. We will continue to monitor legislative developments closely and provide updates.