Doctor’s notes in Ontario: Everything you need to know

What is a doctor’s note in Ontario?

A doctor’s note, also called a sick note, is an official document from a health practitioner confirming that an employee is ill or requires workplace accommodations.

However, recent changes to Ontario law have made it easier for employees to take short-term sick leave without the need for a doctor’s note.

Can employers still ask for a doctor’s note in Ontario?

As of October 28, 2024, under the Working for Workers Five Act, employers in Ontario can no longer require employees to provide a doctor’s note for up to three days of sick leave annually.

This applies to the sick leave entitlements under the Employment Standards Act (ESA).

Instead, employers may request “reasonable evidence” of the need for leave. This can include self-attestation, where an employee states they were unable to work due to illness.

When can an employer still ask for a doctor’s note?

Although the new rules prohibit requiring a doctor’s note for up to three days of ESA-protected sick leave, there are situations where an employer may reasonably request one:

• Prolonged Absences: For absences exceeding three days, especially under extended leaves or workplace accommodation requests.
• Workplace Accommodation: When modifications to duties or schedules are needed due to a medical condition.
• Return to Work: To confirm an employee’s fitness to resume work after an extended absence.

Employers are still prohibited from requesting detailed medical diagnoses or past medical history.

LEARN MORE
• Stress leave rights for Ontario employees
• Ottawa employment lawyer on providing sick notes to your employer

What should be in a doctor’s note?

A valid sick note does not need to disclose personal medical details but should include:

• The date the employee was seen by the doctor.
• The anticipated duration of the illness or injury.
• Confirmation that the doctor provided the note (in person, via telehealth, etc.).

How does this impact employees in Ontario?

• Short-Term Illness: Employees no longer need to visit a doctor or obtain a note for minor illnesses lasting up to three days. This reduces the burden on Ontario’s healthcare system and ensures employees can recover without delay.
• Long-Term Leave or Accommodation: For situations beyond three days, employers may still request medical evidence, such as a doctor’s note, when it is reasonable.

Can employers challenge a sick note?

Employers generally can’t refuse a doctor’s note unless there are valid reasons to question its authenticity or reliability. In some cases, an employment agreement may allow employers to request an independent medical evaluation, but this is rare and must be justified.

Can an employer contact my doctor in Ontario?

No, employers in Ontario can’t contact your doctor directly to verify a note. Doing so would violate your right to privacy. However, they can ask for clarification through you if the note lacks sufficient detail.

Can my employer ask for a second medical opinion?

In Ontario, employers have to accept the medical opinion of the doctor you choose. They can’t request a second opinion in an attempt to second-guess your physician.

However, your company can seek another medical opinion if they have reasonable basis to question the adequacy and reliability of the information you provided.

• Example: If your doctor provides conflicting information, a second medical opinion would be justified.

Employers can include a clause in their employment agreements that allows them to send employees to a doctor of their choosing.

What if my employer demands a doctor’s note for short absences?

Employers asking for a sick note for absences under three days are now violating the ESA. If your employer insists on one or penalizes you for not providing it, contact an employment lawyer at Samfiru Tumarkin LLP immediately.

SEE ALSO
• Sick days in Ontario
• Vacation pay in Ontario
• How vacation time works in Ontario

How to get a doctor’s note in Ontario

If you require a sick note for extended leave or workplace accommodations, you can obtain one from a registered health practitioner. Fees for a doctor’s note in Ontario may vary, typically ranging from $20 to $50, depending on the provider.

Key takeaways for employees

• You do not need a doctor’s note for up to three days of sick leave under the ESA.
• Employers can request reasonable evidence, such as self-attestation.
• For longer absences, accommodations, or return-to-work plans, a doctor’s note may still be required.

Can I be fired if I do not provide a doctor’s note in Ontario?

Yes, your employer can terminate your employment if you fail to provide a doctor’s note, but only under specific circumstances. Here’s what you need to know:

Termination without cause

An employer in Ontario can fire you without cause if:

• You are provided full severance pay – as much as 24 month’s pay.
• The reason for your termination is not discriminatory.

If either of these conditions is not met, your termination is likely a wrongful dismissal. Contact an employment lawyer at Samfiru Tumarkin LLP to ensure you get the compensation you’re owed.

Termination for cause

In Ontario, firing an employee for cause requires strong justification. If your employer claims that your refusal to provide a doctor’s note constitutes insubordination or dishonesty, their case may not hold up under certain circumstances.

• Adverse Effect: If your refusal to provide a doctor’s note is connected to your medical condition, it could be viewed as an adverse effect under the Ontario Human Rights Code, potentially rendering the termination discriminatory.
• Accommodation Process: If your employer requires a doctor’s note to explore workplace accommodations for a medical issue and you do not cooperate, they could argue that you failed to reasonably participate in the accommodation process.

Job abandonment

Prolonged absences without supporting medical documentation might lead your employer to consider your position as abandoned. This is commonly referred to as job abandonment, which occurs when an employee is perceived to have voluntarily ended their employment by failing to communicate with their employer.

If your employer claims job abandonment, they must prove they made reasonable efforts to contact you and confirm your intentions. To learn more about this topic, visit our resource on job abandonment in Ontario.

Protecting your employment rights

If your absence is due to a long-term illness or injury, Ontario law prohibits employers from making significant changes to your job. It is illegal to demote, reduce your hours, or alter your duties unfairly. Such changes can be treated as constructive dismissal, effectively terminating your employment relationship.

LEARN MORE
• Long-term disability benefits in Ontario
• Employment Law Show: What employees need to know about a leave of absence

If this happens, our employment lawyers in Toronto, Ottawa, and across Ontario can help you file a constructive dismissal claim to secure the compensation you are entitled to.

Have questions about doctor’s notes or your rights?

If your employer is refusing to comply with Ontario’s updated sick note rules, or if you face termination or penalties over a sick leave issue, our experienced employment lawyers can help. Contact Samfiru Tumarkin LLP for assistance today.

FAQs about doctor’s notes in Ontario

Can my employer ask for a doctor’s note?

For absences over three days or workplace accommodations, yes. For ESA-protected sick leave under three days, no.

Can an employer refuse a doctor’s note in Ontario?

Not without valid reasons to question its authenticity or relevance.

How much is a doctor’s note in Ontario?

The cost typically ranges from $20 to $50, depending on the provider.

Can your work ask for a doctor’s note after COVID-19?

Yes, for longer absences or workplace accommodations, but not for short-term sick leave under the Working for Workers Five Act.