Sick notes in Ontario: Rights for employees

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

Generally, workers in Ontario 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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When can an employer ask for a doctor’s note in Ontario?

In Ontario, employers can request a doctor’s note when it is necessary to verify prolonged or frequent absences, assess fitness to return to work, or substantiate the need for workplace accommodations.

Key times when a doctor’s note may be requested

• Prolonged Absence: When an employee is absent for an extended period due to illness.
• Frequent Short Absences: To confirm the legitimacy of repeated short-term absences.
• Return to Work: To ensure an employee is ready to resume duties and to understand any required accommodations.
• Workplace Accommodations: When an employee requests specific adjustments for medical reasons.

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Can my employer make me provide a sick note in Ontario?

Yes, your employer can ask or demand that you produce a doctor’s note from a registered health practitioner, but only if their request is reasonable. Ontario’s Employment Standards Act (ESA) says that a request may be reasonable depending on:

• The length of the leave
• Whether there is a pattern of absences
• Whether any medical evidence is available
• The cost of the medical evidence the employer wants

The medical information requested must also relate to the operation of the workplace and your job duties, and be relevant to the time period of a related absence (a request for past medical history is generally not allowed).

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What should be in a sick note?

While your employer is not entitled to know your diagnosis, they can ask that your sick note contains information about:

• The expected length of your illness or disability
• The date you were seen by the doctor
• Whether or not you were examined in person by the doctor issuing the sick note

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Can I refuse to provide a sick note?

You can refuse to provide a sick note if your employer’s request is not reasonable.

Example: If you are absent for a single day due to a migraine, requesting a sick note from your doctor would not be considered reasonable.

However, if you intend to be off for several weeks to recover from a surgery, your company’s request for a supporting medical note would be reasonable.

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 the ESA for job-protected leaves

In Ontario, employers cannot 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 employment lawyers in Toronto and Ottawa can pursue a constructive dismissal claim to ensure you receive proper compensation. Our Pocket Employment Lawyer can also help you determine your what your rights are.

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Can my employer ask for a second medical opinion?

In Ontario, employers have to accept the medical opinion of the doctor you choose. They cannot 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.

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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 provide a sick note for short absences. This is called a termination without cause.

Employees in Ontario can be let go for any reason as long as:

• They are provided full severance pay
• The reasons for 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.

Termination For Cause

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 Ontario Human Rights Code.

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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.

In some circumstances, a prolonged absence without a supporting sick note could be grounds for a termination for cause, or job abandonment.

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

Under the ESA, employers in Ontario can choose when you take vacation. While your employer is not required to provide a specific amount of notice before making you take vacation, they must schedule your vacation time in “blocks.”

If you have less than five years of service, your company can:

• Make you take all of your vacation at once (schedule a two-week block)
• Break up your vacation time into two separate one-week blocks

If you have more than five years of service, your employer can:

• Make you take all of your vacation at once (schedule a three-week block)
• Schedule a two-week vacation block and a separate one-week block
• Break up your vacation time into three separate one-week blocks

A company might schedule vacation times to suit the needs of the business. As a result, you could be required to use vacation days as sick days.

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Issues with sick notes? Contact an employment lawyer now

If you have been fired or lost your job in Ontario 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.