Sick Notes May No Longer A Requirement In Ontario

For years, the Ontario Employment Standards Act, 2000 (the "ESA") has allowed employers to make reasonable requests of their staff to provide reasonable evidence, including a doctor's note (or sick notes), when employees choose to use part, or all of their three sick days as provided under the ESA.

While employers were never required to demand sick notes, many did institute policies requiring sick notes as permitted under the ESA in order to track and address attendance of their staff. However this regime was not without its critics.

Specifically, the Canadian Association of Emergency Physicians had advocated for a ban on sick notes, especially for people with minor illnesses. The CAEP stated that sick notes put unnecessary strain on both patients and healthcare resources. In a statement released in March 2020 by the Association, concerns were raised over the fact that sick notes "encouraged patients with infectious disease such as influenza or gastroenteritis