Ontario Proposes Changes To Sick Leave Under The Employment Standards Act, 2000

The Ontario government has announced it is proposing changes that would restrict an employer from requiring a medical note to substantiate an unpaid sick leave day under the Employment Standards Act, 2000 (ESA).

Currently, an employee who has been employed for at least two consecutive weeks is entitled to up to three days of unpaid sick leave in each calendar year for reasons of personal illness, injury or medical emergency. An employer is entitled to require an employee to provide "evidence reasonable in the circumstances" to verify entitlement to the leave. The government has indicated it will propose changes to prohibit an employer from requiring sick notes from a qualified health practitioner to verify the need for sick leave, which will necessarily require an amendment to the ESA. However, other reasonable evidence, such as an employee attestation or declaration, could still be required.