Ontario Proposes Changes To Sick Leave Under The Employment Standards Act, 2000 – Employee Rights/ Labour Relations

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.

Based on the government announcement, it is expected that any
proposed legislation would limit the evidence an employer can
require to substantiate the three sick leave days under the
ESA only. It should therefore not impact an employer’s
ability to request medical documentation for other reasons, such as
to substantiate the need for a requested accommodation under human
rights legislation. Nor should it impact an employer policy or
collective agreement that requires medical documentation to
substantiate sick time taken in excess of three days in a calendar
year. However, the full scope of the changes can only be determined
when a bill is introduced in the legislature.

We will continue to monitor the progress of this proposed
ESA amendment. In the meantime, should you have any
questions, please feel free to reach out toyour regular Hicks
Morley lawyer.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.