On Oct. 9, 2024, Bill 68, titled “An act mainly to reduce the administrative burden of physicians,” was passed in Quebec. It restricts an employer’s right to manage employee absences by prohibiting the former from requiring a medical certificate in certain situations. The aim of the legislation is to reduce the administrative burden on the health care system.
Prior to Bill 68, the “Act respecting labor standards” (ALS) allowed employers to request a document attesting to the reasons for an absence, if justified by the circumstances — such as the duration or repetitive nature of the absence. The employee’s unjustified refusal to produce such a document could be a valid reason for imposing administrative or disciplinary measures.
As of Jan. 1, 2025, Section 79.2 of the ALS prohibits employers from requiring any type of supporting documentation, including a medical certificate, for the first three short-term absences (three consecutive days or less) in a 12-month period. This prohibition applies to absences for the following reasons: sickness, accident, organ or tissue donation, domestic or sexual violence, or criminal offense.
Also, when it comes to absences for family matters, the employer can no longer request a medical certificate, except in certain cases, as described below.
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