Navigating employee illness in the workplace has always required a balance between respecting privacy and ensuring business continuity. One of the most common questions arising in this context is: When can an Ontario employer request a sick note?

The short answer is that it depends on the length of the leave, the applicable legislation, the employer’s policies, the nature of the employment, and the broader context in which the leave is being requested. Employers in Ontario must carefully balance their right to manage absenteeism with an employee’s right to privacy and freedom from discrimination. Understanding the legal framework is essential for both employers and employees.

Sick Leave Entitlements in Ontario Under the Employment Standards Act

In Ontario, the Employment Standards Act (ESA) establishes the minimum standards for many types of employee leaves, including sick leave. As of recent amendments, the ESA provides for three unpaid sick days per calendar year for employees who have worked for the employer for at least two consecutive weeks. These days can be used for personal illness, injury, or medical emergencies.

This entitlement applies to all employees covered by the ESA, regardless of whether they are full-time, part-time, permanent, or temporary. Employers may offer greater benefits through employment contracts or workplace policies, but they cannot provide less than the ESA minimum.

Crucially, the ESA does not require employees to provide a medical note as a condition of taking a sick day. This does not mean employers can never request a sick note; it simply limits their ability to do so in relation to the three statutory sick days.

Can an Employer Request a Sick Note for ESA Sick Leave?

Under section 50(6) of the ESA, employers may require an employee to provide “evidence reasonable in the circumstances” to verify their entitlement to sick leave. However, the legislation explicitly states that employers cannot require a certificate from a qualified health practitioner for the purpose of ESA sick leave.

This provision is designed to alleviate the burden on healthcare resources and enable employees to stay home when ill without encountering a barrier to leave. This means that for the three statutory sick days under the ESA, the employer cannot demand a doctor’s note.

That said, the term “evidence reasonable in the circumstances” is intentionally broad. It allows employers to request other forms of evidence, such as self-attestations, completed internal forms, or non-medical documentation, depending on the situation. For example, if an employee has taken all three ESA sick days and continues to be absent, or if there are concerns about the legitimacy of the leave, an employer may be justified in requesting further information, but not a medical certificate for the first three days.

Beyond ESA Leave: Contractual or Policy-Based Sick Leave

Many employers offer sick leave benefits that go beyond the ESA minimum, such as paid sick days, short-term disability plans, or extended unpaid leaves. In these cases, the question of whether an employer can request a sick note is primarily governed by the terms of the employment contract or company policy.

For example, if an employee’s contract provides ten paid sick days per year, the employer may stipulate in the policy that a doctor’s note is required for absences longer than two days. In such cases, the policy is binding as long as it is applied fairly and does not conflict with statutory law.

However, employers must still ensure that their sick leave policies do not breach employees’ rights under the Ontario Human Rights Code. A blanket policy that automatically requires medical documentation for all absences could be seen as overly intrusive or discriminatory if it fails to accommodate employees with disabilities or chronic illnesses.

Employers are advised to maintain some flexibility in their sick leave policies and to evaluate each situation on a case-by-case basis, particularly when extended or repeated absences may involve human rights considerations.

Extended Absences and Return-to-Work Requirements

When an employee is absent for an extended period due to illness or injury, it is generally acceptable for an employer to request medical documentation to confirm the legitimacy of the absence and to determine when or whether the employee will be able to return to work.

In such cases, employers may ask for information such as:

• Confirmation that the employee is unable to work due to a medical condition;
• The expected duration of the absence;
• Any functional limitations or restrictions; and
• Anticipated accommodations upon return.

However, employers cannot ask for a diagnosis or detailed medical history. The Ontario Human Rights Commission (OHRC) has made it clear that the right to privacy includes medical privacy, and employers should only collect information that is necessary to make informed decisions about attendance, accommodation, and return-to-work arrangements.

Employers must also be mindful of their duty to accommodate under the Human Rights Code, which includes working collaboratively with the employee (and sometimes their healthcare provider) to determine appropriate workplace modifications or temporary alternative duties.

Sick Notes and Short-Term Absences

Although Ontario employers cannot require a doctor’s note for the three ESA sick days, they can request one if the absence exceeds the ESA entitlement or if the employee is accessing additional leave benefits offered by the employer.

But even then, the request must be “reasonable in the circumstances.” Factors that courts and tribunals may consider when evaluating the reasonableness of a request for a sick note include:

• The length of the absence;
• The frequency and pattern of absenteeism;
• Whether the employee is accessing paid sick leave or disability benefits;
• Whether the absence affects workplace safety or operations; and
• Whether there is a legitimate concern about abuse of sick leave.

A single day of absence may not justify the administrative burden of obtaining a sick note, especially if it imposes costs on the employee or disrupts access to healthcare. On the other hand, repeated absences without explanation may prompt a reasonable request for verification.

Employers should exercise caution when demanding medical notes for minor absences or using sick note policies as a form of discipline. Doing so may undermine morale and expose the employer to legal risk.

Privacy and Confidentiality Considerations

When requesting a sick note, employers must also ensure they are handling employee medical information appropriately. Under Ontario’s privacy laws and best practices, personal health information should be collected, used, and stored in a confidential manner, with access limited to those who need it for a legitimate workplace purpose.

Sick notes should not be shared widely or stored in general personnel files accessible to multiple managers or staff. Employers should establish internal protocols for handling such documents and designate specific individuals (such as an HR professional) to manage health-related information discreetly.

Employees, for their part, should also be aware of their obligation to cooperate in reasonable verification of absences and to keep employers informed of expected return dates or the need for accommodation, where appropriate.

Best Practices for Employers

To manage sick leave and medical verification effectively, Ontario employers should consider the following best practices:

• Develop a clear and lawful sick leave policy that distinguishes between Employment Standards Act sick leave and contractual or policy-based leave;
• Avoid requiring doctor’s notes for ESA sick days, in accordance with legislative restrictions;
• Ensure requests for sick notes beyond ESA leave are reasonable, necessary, and proportional to the absence;
• Protect employee privacy by limiting access to medical documentation and maintaining confidentiality;
• Engage in an individualized accommodation process when an employee has a disability or chronic illness; and
• Seek legal guidance where human rights or disability issues are present, particularly before taking disciplinary action related to medical absences.

Fostering a Respectful, Healthy Workplace

In Ontario, the rules surrounding when an employer can request a sick note are nuanced. While employers cannot request a doctor’s note for the three statutory sick days under the ESA, they may request medical documentation for longer absences, contractual sick leave benefits, or where accommodation or disability issues are involved.

However, even when permitted, the request must be reasonable, respectful of employee privacy, and consistent with human rights obligations. By adopting a thoughtful, compliant approach to medical absences, employers can reduce legal risks, support employee health, and foster a fairer and more respectful workplace.

Contact Grosman Gale Fletcher Hopkins LLP for Trusted Advice on Employment Sick Leave in Toronto

If you have questions about sick leave policies, medical documentation, or your obligations under Ontario’s employment laws, Grosman Gale Fletcher Hopkins LLP is here to help. Our dynamic team of Toronto employment lawyers advises both employers and employees on navigating sick leave entitlements, workplace accommodation, and compliance with the Employment Standards Act and Human Rights Code. To book a confidential consultation, please contact us online or call (416) 364-9599.