Sick Notes Are on Their Way Out: What Canadian Employers Need to Know
Flu season is here — and with it comes the annual wave of coughs, colds, and last-minute sick calls. However, this year, employers across Canada must handle those absences differently. Legislators are rewriting the rules on when you can (and can’t) ask for a doctor’s note.
The intent is simple: reduce pressure on the healthcare system and avoid unnecessary clinic visits for minor illnesses. For employers, that means rethinking long-standing attendance management habits.
Here’s what’s changing, and how you can prepare your workplace.
The New Rules, Province by Province
British Columbia
Bill 11 (2025) has been passed but is not yet in force. Once active, employers will be restricted from requiring a sick note for short-term illness or injury leave. The exact definition of “short-term” will be clarified in regulations expected later this year.
Ontario
Ontario’s Working for Workers Acts already prevent employers from requesting a medical note for the three paid ESA sick days. Bill 30 (2025) expands employee protections even further, signalling a clear shift away from documentation requirements.
Saskatchewan
Employers may only request a sick note if:
- the absence is more than five consecutive workdays, or
- The employee has had two or more absences of two or more days in the last 12 months.
Other Provinces and Territories
Not every jurisdiction has formal restrictions yet, but the trend is clear: sick notes for short illnesses are on their way out. Expect more provinces to follow BC, Ontario, and Saskatchewan’s lead.
What This Means for Employers
With flu season bringing a rise in one- or two-day absences, employers can no longer rely on sick notes as a first-line attendance management tool. In many provinces, that practice is no longer legal.
Instead, employers should:
- Update policies: Review sick leave and attendance management policies to ensure they reflect current legislation.
- Train managers: Supervisors need clarity on when they can and cannot ask for documentation.
- Use alternatives: Self-declaration forms and absence tracking provide useful documentation without burdening employees or the healthcare system.
- Communicate clearly: Let employees know about the new rules and expectations — it builds trust and reduces confusion.
Real-World Scenarios
- The Monday/Friday Pattern
An employee regularly calls in sick on Mondays. Previously, you may have required a doctor’s note. Under new laws, that may no longer be allowed. Instead, use attendance tracking to identify the pattern and address it in a performance conversation. - The One-Day Flu Bug
An employee misses a day with the flu. In most provinces, you cannot demand a doctor’s note. A self-declaration form or a quick HR record is sufficient. - Extended Absence
An employee recovering from surgery is off for two weeks. In this case, requesting medical documentation is still appropriate — and often necessary for planning accommodations. - Repeat Short Absences
In Saskatchewan, repeated two-day absences may trigger the right to request documentation. Elsewhere, the better step is usually a coaching conversation about reliability.
The Bottom Line
With flu season upon us, short absences are inevitable. But the rules have changed: sick notes for minor illnesses are no longer the default. Employers who adapt now will not only stay compliant but also demonstrate trust, reduce administrative headaches, and strengthen workplace culture.
Now is the time to revisit your policies before flu season catches you off guard.
Need help updating your sick leave policies or training your managers on the new rules? BLANKSLATE Partners can make sure you’re compliant — and equipped with clear, practical processes that work for your team.
