Temporary ban on employer medical certificates

Summary#

The final regulations SOR/2020-226 temporarily stop employers from asking for a doctor’s note when a federally regulated employee is off on medical leave for three days or more. The rule took effect on registration (October 14, 2020) and runs until September 25, 2021. During that time employers may ask for a short written declaration from the employee instead of a medical certificate.

What it does#

• The Regulations Amending the Canada Labour Standards Regulations suspend the rule in the Canada Labour Standards Regulations that let employers require a medical certificate for medical leave of three days or longer.
• While the suspension is in place (from registration to September 25, 2021), employers may require a written declaration from the employee saying they were unable to work for the period of the leave.
• The change is temporary and the special rules are removed automatically on September 25, 2021.

Who's affected#

• Employees and employers covered by the federal labour rules — that is, the federally regulated private sector (for example: banking, telecommunications, broadcasting, and inter-provincial/ international transportation), federal Crown corporations, and certain activities on reserves. The source estimates about 18,500 employers and 955,000 employees are in this group.
• It does not apply to most workplaces regulated by provinces and territories. If that is unclear for a specific job, check with the employer or a labour adviser.

Why it matters#

• Public health: the rule reduces the need for people who are sick (including possible COVID-19 cases) to travel to clinics just to get a sick note. That lowers the risk of spreading the virus and eases pressure on health services.
• For employees: it can save time and money (some practitioners charge for routine notes) and makes it easier to stay home when ill.
• For employers: it may mean some extra absences. The government estimated that if employers must cover extra hours, the incremental cost could be about $600 per additional week of absence per employee. There may also be a small administrative saving from not having to file and keep paper medical certificates (estimated $4,597 total, or about $0.25 per employer).
• Policy alignment: the change lines up employer rules with the Employment Insurance Act waiver (Interim Order No. 10) that also removed medical-certificate requirements for EI sickness benefits until September 25, 2021.