Sick Notes

Overview

Changes to the Employment Standards Act introduce new rules on when employers may require employees to provide confirmation of illness/injury for short-term work-related absences and who can provide such documentation. These changes are intended to reduce unnecessary medical visits to the emergency room while ensuring employees can access appropriate documentation when needed.

When can employers require?

An employer may request this confirmation if the employee has been absent for more than five consecutive working days due to illness or injury.

Employers may only require in limited circumstances and are encouraged to make requests only when appropriate. Employers can choose not to require this documentation at all. The Act establishes a maximum threshold for when documentation may be required but does not impose an obligation on employers to request or for employees to seek it.

Employees who are taking extended medical leave or for absences longer than 7 days must still provide a medical certificate from a physician or nurse practitioner.

Who can provide this confirmation?

This document may be issued by a qualified practitioner, not just physicians or nurse practitioners. A “qualified practitioner” is a regulated health professional who:

· Is authorized to make diagnoses within their scope of practice; and

· Provides documentation only for conditions they are qualified to assess and diagnose.

Examples of Qualified Practitioners

· Acupuncturists · Audiologists · Chiropractors · Dental Hygienists · Dentists · Midwives · Nurse Practitioners · Optometrists · Paramedics · Pharmacists · Physiotherapists · Physicians · Podiatrists · Psychologists · Registered Nurses (authorized prescribers) · Registered Psychiatric Nurses (authorized prescribers) · Speech-Language Pathologists

Important Considerations

· A template letter has been provided to qualified practitioners to support consistent documentation. Practitioners are not required to use the template and may provide documentation in another format, at their discretion.

· The document should only confirm that the employee was unable to work due to illness or injury and for the expected duration of the absence or ability to return to work, where appropriate.

· Employees must be assessed by the practitioner before the document is issued.

· Practitioners may only issue notes within their authorized scope of practice.

· The decision to provide the confirmation document is at the professional discretion of the practitioner.

· Practitioners may charge a fee for an assessment and/or for providing the confirmation.

· Employers are not entitled to receive a specific medical diagnosis, details about symptoms, or information about treatment.

Enforcement

Employees who believe their employer has improperly required this confirmation or otherwise contravened the Act may file a complaint with the Employment Standards Branch.