Employment Law

Doctor’s Notes in Alberta: What Employees Need to Know

Sick-Notes-In-Alberta-Rights-for-Employees

In Alberta, your employer can ask for a doctor’s note if you’re off sick — but they can’t demand your diagnosis, or use your absence to punish or fire you.

Whether you’re missing a single day or taking an extended medical leave, this guide explains:

  • When employers can legally request a doctor’s note
  • What information must (and must not) be included
  • What happens if you refuse or can’t provide one
  • How much a sick note may cost you — and whether it must come from a doctor

You’ll also learn how a sick note connects to stress leaveaccommodationshort-term disability, and your right to reinstatement after medical leave under Alberta law.


Can My Employer Ask for a Doctor’s Note in Alberta?

Yes — your employer can legally ask you to provide a doctor’s note to confirm your absence from work due to illness or injury. But their request must be reasonable and limited in scope.

What They Can Ask For

Your employer can request basic medical information, such as:

  • The date you were seen by a medical professional
  • The expected length of your absence
  • Any restrictions on your ability to work (i.e. no heavy lifting, reduced hours)

They can’t demand:

  • Your diagnosis or details about your condition
  • Past or unrelated medical history
  • Frequent or repeated sick notes without reason

Alberta Employment Standards on Medical Leave

If you’re taking long-term illness and injury leave (up to 16 weeks per year), Alberta law allows your employer to ask for a medical certificate that confirms:

  • You’re unable to work for medical reasons
  • The estimated duration of your absence

🔎 Note: This leave applies only if you’ve worked at least 90 days with the same employer.

Can They Ask for a Note After One Day?

Yes — technically, an employer can request a note even after one day off. But this is usually only considered reasonable if:

  • You have a pattern of absences
  • Your role is safety-sensitive
  • The company has a clear policy on when notes are required

Can I Refuse to Provide a Sick Note in Alberta?

In most cases, you can’t simply refuse to provide a sick note if your employer’s request is reasonable. But you do have rights — and limits exist on what they can demand.

You Have a Right to Medical Privacy

Your employer is not entitled to:

  • Your diagnosis or specific medical condition
  • Detailed test results or specialist referrals
  • Any medical information not relevant to your ability to work

However, if you want job-protected leave under Alberta law, or workplace accommodations for an illness or disability, you may need to provide a doctor’s note that includes:

  • Confirmation that you’re medically unable to work
  • Any required modifications to your duties or schedule
  • The estimated recovery or return-to-work date

If You Don’t Provide a Sick Note

Refusing to provide a note when it’s legitimately required may put your job at risk — especially if:

  • You’re seeking extended time off
  • You’re asking for modified duties
  • Your absence is disrupting business operations

If your employer pressures you for too much information, or disciplines you unfairly for not providing a sick note, you may have a legal claim for improper treatment or even wrongful dismissal.

💡 Reminder: A request for a note must be tied to a legitimate business purpose, not simply used to intimidate or discourage leave.


Can My Employer Ask for a Second Medical Opinion?

In Alberta, your employer must accept the medical opinion provided by your treating doctor — unless your employment contract or workplace policy says otherwise.

What the Law Says

  • Your doctor’s note is valid, as long as it clearly confirms your work limitations or need for time off.
  • Employers can’t demand a second opinion just because they disagree with your doctor’s assessment.
  • However, some employment contracts may include a clause that allows your employer to send you to an independent doctor of their choosing (commonly referred to as an “IME” or independent medical exam).

When Employers Try to Push for a Second Opinion

If you’re being told you must undergo another exam, consider:

  • Is there language in your contract or workplace policy that allows it?
  • Is the request based on clear concerns or just speculation?
  • Are you being threatened with discipline if you decline?

Unfair or unnecessary demands for a second opinion can cross the line — and may violate your rights under Alberta’s Human Rights Act if they create additional stress or target you because of a health condition.

⚠️ If your employer is ignoring your doctor’s note or insisting on another opinion without good reason, speak to an employment lawyer at Samfiru Tumarkin LLP to protect yourself.


Can I Be Fired If I Don’t Provide a Sick Note?

Yes — but only under certain conditions. In Alberta, non-unionized employees can be let go for almost any reason, called a termination without cause. The employer must provide the correct amount of severance pay and avoid violating your human rights.

But if your employer fires you for not providing a sick note, the situation becomes more complex.

Can I Be Terminated Without a Sick Note?

If you’re absent without documentation, your employer might choose to terminate your employment. However:

  • You are still entitled to full severance pay based on your age, position, length of service, and ability to find new work
  • If your absence was tied to a disability or medical condition, the employer is violating the Alberta Human Rights Act by failign to accommodate your health needs.

⚠️ Don’t sign anything if you lose your job! Severance pay can be up to 24 months’ pay — let us review your Alberta severance package to make sure you get what you’re legally owed.

“For Cause” Termination and Sick Notes

If your employer claims you were fired “for cause” because you didn’t provide a sick note, they’re saying your actions were so serious that no severance is required.

But that’s a very high bar to meet under Alberta law. Failing to hand in a note — especially when dealing with illness — is rarely enough to justify a just cause termination.

⚠️ If your employer refuses to pay severance, saying you broke policy by not providing a note, you should speak to an employment lawyer on our team immediately.


Can My Employer Make Me Use Vacation Days If I’m Sick?

No — your employer can’t force you to use vacation days instead of taking sick leave.

While they can suggest using paid vacation to cover your time off, the decision must be mutual. Under Alberta’s Employment Standards Code (ESC), employers must:

  • Get your agreement to schedule vacation time, or
  • Provide at least two weeks’ written notice before the vacation begins

Speak to an Employment Lawyer in Alberta

If you’ve been fired after providing a sick note or pressure to return to work before you’re ready, you are owed compensation — even if your employer says they followed the rules.

Don’t rely on Alberta’s Employment Standards to get what you’re owed. They only enforce minimum standards, not full severance pay or human rights protections.

At Samfiru Tumarkin LLP, our Alberta employment lawyers have helped over 50,000 non-unionized employees across Canada — including in Alberta — defend their rights, hold employers accountable, and recover up to 24 months’ pay through severance.

🛡️ You’re Not Alone. If you’ve lost your job or experienced workplace discrimination, our Calgary-based employment lawyers can help. Speak to us today.
  • 👥 Over 50,000 clients helped across Canada
  • 💰 Millions recovered in severance and compensation
  • ⚖️ No win, no fee — you don’t pay unless we win*
  • 309 5-star Google reviews across Alberta (4.8 average)
  • 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

* Conditions apply. Not all cases qualify.

Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.

⚠️ UNIONIZED?
You must consult your union representative regarding termination, severance pay, and other workplace issues. By law, employment lawyers can’t represent unionized employees with these issues. You’re governed by your collective bargaining agreement.

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