No need for sick notes in the workplace: Lior Samfiru on Newstalk 580 CFRA

Interview Summary

The Ontario government has proposed dismissing the need for sick notes in the workplace. This proposal aims to lessen the burden placed on family physicians. Despite the need for sick notes, employers can still require other evidence from employees to prove they are ill when using sick days. What impact, if any, will this legislation have on the workplace?

Lior Samfiru, an Ontario employment lawyer and Co-founding Partner at Samfiru Tumarkin LLP joined Newstalk 580 CFRA’s Patricia Boal to discuss the legislation and its potential impact on employees.

Interview Notes

• Employers’ policies on sick notes: Currently, employers do have the flexibility to request an employee provide a doctor’s note if they have decided to use paid sick days. “Employers can currently make up the rules of when and how and if they will require doctor’s notes,” said Samifru.
• Legislation’s impact on employees: This legislation might lead to employees taking limited sick days consecutively as it could require a note from a family physician. However, most employers provide paid sick days to employees. The provincial government’s proposal only pertains to unpaid sick days that every employee is entitled to. “So for the purpose of paid sick days, employers can absolutely ask for a doctor’s note,” Samfiru explained.
• Replacing the doctor’s note: Employers might consider requesting a written attestation from the employee stating they were ill and unable to work. If an employee does confirm they were ill and it’s proven they were not, there could be consequences.

Related Resources

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

• Disability rights for employees