April 6, 2020

I have received a number of questions from clients regarding medical notes for non COVID-19 related sick leave. Please see below.

The Ontario government’s Guide to the Employment Standards Act indicates that regular sick leave continues to fall under previous rules. I have quoted the relevant rules below, however my advice at his time would is based on easing the burden on the healthcare system. While the employer still has the right to ask for a note, best practice would be to trust the employee and not require a note.

The Guide to the ESA states that:

• Employees are entitled to up to three full days of job protected unpaid sick leave every calendar year, whether they are employed on a full or part-time basis.
• There is no pro-rating of the three day entitlement. An employee who begins work partway through a calendar year is still entitled to three days of leave for the rest of that year.
• Employees cannot carry over unused sick leave days to the next calendar year. The three days of leave do not have to be taken consecutively. Employees can take the leave in part days, full days or in periods of more than one day. If an employee takes only part of a day as sick leave, the employer can count it as a full day of leave

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An employer may require an employee to provide a medical note from a health practitioner such as a doctor, nurse practitioner or psychologist when the employee is taking the leave because of personal illness, injury or medical emergency if it is “reasonable in the circumstances”.

However, the employer can ask only for the following information:

• the duration or expected duration of the absence
• the date the employee was seen by a health care professional
• whether the patient was examined in person by the health care professional issuing the note

Employers cannot ask for information about the diagnosis or treatment of the employee’s medical condition.