As of October 28, 2024, the Ontario Employment Standards Act (ESA) no longer allows employers to require a medical note from an employee for the first three days of sick leave.
Why was this done?
The change was made to reduce the burden on physicians, who can spend more time with patients.
What can an employer ask for?
Employers can still ask for reasonable evidence, such as an attestation, to support an employee’s sick leave.
Where does this apply?
The change only applies to sick leave under the ESA. Employers can still ask for a medical note for sick leave that’s longer than three days.
What’s not allowed?
Employers can’t ask for detailed medical information or past medical history.
Stay up to date with changes to the ESA. Organizations found in violation of the ESA can be fined up to $100,000.
Need help understanding the ESA? Book a meeting to discuss.
