Restricting Employer Access to Sick Notes

On April 25, 2024, the Ontario Government announced that they will be tabling legislation to prohibit employers from requiring sick notes for job-protected sick leave.    

Currently, Ontario's Employment Standards Act (ESA) permits employers to request a sick note as "evidence reasonable in the circumstances" to substantiate an employee's claim for sick leave. 

The upcoming legislation will amend the ESA, allowing physicians to focus more on patients than on administrative tasks. Instead of sick notes, employers will be encouraged to use other tools instead of sick notes, such as attestations, that will help maintain accountability as employees request time off sick.  


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