Dismissal of sick notes for employees in Ontario: Alex Lucifero on Newstalk 580 CFRA

Interview Summary

The Ontario government has proposed dismissing the need for workplace sick notes. The goal of this legislation appears to be to lessen the burden placed on family physicians regarding unnecessary paperwork. Employers can still request other evidence from employees to prove they were ill when using sick days. Will this legislation have a significant impact on the workplace?

Alex Lucifero, an Ontario employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s Bill Carroll to discuss the legislation and its potential impact on employees.

Interview Notes

• Effectiveness of doctors’ notes: “The feedback from the medical community has generally been positive,” Lucifero commented. It is important to remember that this legislation change only relates to job-protected leave under the ESA. The ESA only offers three protected unpaid sick days per year for employees. Longer medical leaves, past the regular three sick days, could still require a doctor’s note from employees.
• Requesting confirmation from employees: Alternatively, employers can request an attestation from employees confirming they were ill and unable to work, or another written documentation confirming illness. This can be challenging as employees do have a right to privacy. “Employers do not have the right to know an employee’s medical diagnosis or specific treatment plans,” Lucifero stated.
• Impact of legislation: While the proposed dismissal of sick notes should not have a significant impact on the workplace, it is a step in the right direction. Most employers do not generally ask for a doctor’s note if an employee is ill for a few days per year.

Related Resources

For further insights and discussions related to employee rights, explore the following resources:

• Disability rights for employees