Two employment lawyers offer tips for HR on how to counteract employee absences amid restrictions on medical notes
The introduction of Quebec’s Bill 68 has ushered in a new era of leave management for employers across the province.
Coming into effect on Jan. 1, 2025, the legislation imposes new restrictions on employers’ ability to request medical documentation for short-term absences.
The new rules prohibit employers from requiring such documentation for the first three periods of absence not exceeding three consecutive days within a year, and they apply to various types of leave, including sick leave, caregiving leave, and family-related leave.
While the changes aim to ease administrative burdens and enhance employee privacy, they present significant challenges for HR teams and employers who must now rethink how to maintain workplace productivity and manage potential abuse, according to two legal experts speaking with Canadian HR Reporter.
“The change is quite drastic, honestly, and it scares employers a lot, within the reason, because it really changes how you administer your workplace,” says Daphnée Legault, associate at Fasken in Montreal.
“The amount of questions that we've had from employers [about this has been] through the roof — and with reason, because it completely changes how an employer can administer their employees' absences.”
Quebec’s new approach gives employees a lot of leeway for taking leaves without having really to justify them, she says.
“It really...
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