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Sick notes in Ontario: Carson Healey clarifies employee rights in Canadian HR Reporter
Speaking recently with Canadian HR Reporter, Carson Healey helped clarify an important point under Ontario’s Employment Standards Act (ESA): employers cannot require employees to submit a doctor’s note to access their three unpaid sick days per year.
The article examines recent changes in employer approaches to sick note policies, as well as what HR professionals should keep in mind when medical documentation is (and isn’t) appropriate. Carson emphasized that employers must respect the ESA framework when requesting health information.
“Employers cannot require employees to provide a certificate from a qualified health practitioner to take a sick leave under the ESA,” said Healey. “[That’s] three unpaid days your employer has to give you per year... you don't need to give your employer a sick note, even if your employer demands it.”
To read the full article, click the link below (subscription may be required):
• Changes to sick note rules: When can medical info be requested, what about suspected abuse?
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Gowling WLG’s Employment, Labour & Equalities Group provides strategic legal guidance to employers across industries, helping them navigate complex workplace challenges, regulatory changes, and workforce management strategies. With deep expertise in employment standards, labour relations, and workplace policies, our team supports businesses in making informed, practical decisions that align with their operational goals. Learn more.