Employers often have questions about the information they can request from an employee who is taking sick leave or who requests accommodation related to a medical condition.
Recent legislative developments across several provinces reflect a shift away from requiring medical documentation (e.g., a doctor’s note or medical certificate) for short-term absences. Below we summarize these changes and provide guidance regarding the information employers are entitled to receive from an employee who seeks accommodation related to a physical or mental disability.
Legislative reform: medical documentation
Employers’ rights to request medical documentation for short-term absences are increasingly being limited by legislation, including in Ontario, Québec, Saskatchewan and, most recently, British Columbia. These changes aim to reduce the administrative burden on the healthcare system and protect employee privacy, while preserving an employer’s need for information to manage and fulfill workplace responsibilities.
Under Ontario’s Employment Standards Act, 2000, as of October 28, 2024, employers can no longer require employees to provide a note or certificate from a qualified health practitioner for “sick leave” — the three days of unpaid job-protected leave that Ontario employees are entitled to each calendar year due to a personal illness, injury or medical emergency.
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