We have an important update regarding employee sick note requirements in Ontario. It was announced this week that the Ontario government is proposing new legislation to prohibit employers from demanding sick notes. This initiative aims to streamline processes for physicians.

What this means for employers is that we will no longer be able to request a doctor’s note from employees who wish to use their three unpaid days of provincially mandated annual sick leave. Instead, we could ask for employees to sign an attestation form. The new legislation should not impact an employer’s ability to request medical documentation for other reasons, such as to substantiate the need for a requested accommodation, nor should it impact an employer policy or collective agreement that requires medical documentation to substantiate sick time taken in excess of three days in a calendar year.

We will continue to monitor the progress of this ESA amendment, which will likely take effect in the coming weeks. In the meantime, should you have any questions, please feel free to contact us.