Sick Notes in Alberta: Rights for employees

Provided by a doctor, a doctor’s note or sick note is an official document that states an employee is ill and needs a certain amount of time off work.

Generally, workers in Alberta have a right to privacy regarding their medical information. However, it is reasonable for an employer to be provided with more medical information if you:

• Do not show up for work because you claim you are sick
• Your illness requires workplace accommodation (i.e. modified duties or hours)

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Can my employer ask me to provide a sick note?

In Alberta, your employer can ask you to provide a sick note as long as the medical information requested:

• Relates to the operation of the workplace and your job duties
• Is relevant to the time period of a related absence (a request for past medical history is generally not allowed)

While your employer is not entitled to know your diagnosis, they can ask about:

• The expected length of your illness or disability
• Whether your absence from work is temporary or permanent
• Any work restrictions that would help you effectively return to your job

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Can I refuse to provide a sick note?

Your employer cannot force you to provide your medical information. However, refusing to provide a sick note would be counterproductive if:

• You need work accommodation (i.e. modified duties or hours) for a specific medical issue
• You want to claim certain protections under Alberta’s Employment Standards Code (ESC) for job-protected leaves

In Alberta, the ESC entitles workers to long-term illness and injury leave for up to 16 weeks per calendar year if they have been employed at least 90 days with the same company. While the leave is unpaid, your employer must return you to the same, or similar, job when you return to work. A medical certificate stating the duration of the leave is required.

What your employer cannot do is make significant changes to your job because you took long-term illness and injury leave. It is illegal, and any major modifications to your employment can be treated as a termination of your relationship with the company.

Our Alberta employment lawyers can pursue a constructive dismissal claim to ensure you receive proper severance pay. Our Severance Pay Calculator can also help you determine your severance entitlements.

LEARN MORE
• Employment Law Show: What employees need to know about a leave of absence
• Pay cuts not permitted, even in a pandemic: Alberta court

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Can my employer ask for a second medical opinion?

Your employer has to accept the medical opinion of the doctor you choose. However, companies can include a clause in their employment agreements that allows them to send employees to a doctor of their choosing.

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Can I be fired if I do not provide a sick note?

Your employer can fire you if you do not want to provide a sick note. This is called a termination without cause. Employees in Alberta can be let go for any reason as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

If either or both of these conditions are not met, you have been wrongfully dismissed and should reach out to an employment lawyer at Samfiru Tumarkin LLP immediately. Our team will help you file a claim and ensure you receive the compensation you are owed.

It is a little more complicated if your employer decides to fire you “for cause” because you refused to provide a sick note on request.

While the company could argue that it constitutes insubordination or dishonesty, not providing a sick note for an absence could be considered adverse effect-related – at least in part to your illness or disability. As a result, the termination could potentially violate the Alberta Human Rights Act.

READ MORE
• Being let go while on long-term disability
• Alberta government staffer sues for wrongful dismissal

However, if your employer requests a sick note from your doctor in order to explore work accommodations for your illness or disability and you do not provide it, the company could argue that you did not reasonably participate in the accommodation process.

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Can my employer make me use vacation days if I am sick?

Your employer cannot force you to use vacation days if you are sick. They can suggest that you use some of your vacation to cover sick days, but you are not obligated to do so.

Under the ESC, employers and employees generally need to agree to the timing of a vacation. If your employer wants you to use vacation days, they must give you at least two weeks’ written notice of the start of vacation.

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Issues with sick notes? Contact an employment lawyer now

If you have been fired or lost your job in Alberta because you did not provide your employer with a sick note, contact the experienced employment law team at Samfiru Tumarkin LLP. We can review your situation and help you defend your workplace rights.