For most employees, an absence from work due to illness often necessitates providing medical certification to substantiate the illness, injury, or disability. While the specific language in an employer’s policy, collective agreement, or HR handbook may vary, the principle remains consistent: if an employee is absent due to illness, they must provide medical documentation either during their absence or upon their return to work.

Recently, the Province of Quebec enacted legislation that prohibits employers from requiring employees to provide such medical certification for the first three days of absence in a calendar year. This includes absences related to caring for a sick child, a relative, or an individual for whom the employee acts as a caregiver.

Quebec has joined a growing list of provinces that have implemented similar restrictions on requiring medical documentation for short-term absences. Other provinces with comparable legislation include British Columbia, Newfoundland, Nova Scotia, and Ontario. Other provinces are actively considering similar measures. While current restrictions typically apply to absences of one to five days, it is conceivable that future legislation may extend this timeframe to seven or even ten days.

What Is Driving This Change?

A key factor behind these legislative changes is the mounting frustration within the medical community regarding the administrative burden of issuing “sick notes.” Physicians frequently see patients solely to provide a note verifying that the patient was unable to work on a specific day. These visits often occur after the employee has already recovered or returned to work, creating a scenario where the patient no longer requires medical assessment or treatment. Despite this, physicians are tasked with acting as gatekeepers, certifying eligibility for employee benefits or approval of absences.

This practice is widely regarded as inefficient. For instance, the Quebec government estimates that its new legislation will free up approximately 600,000 appointment slots annually. Similarly, a position paper published by the Canadian Medical Association (CMA) in October 2024 estimates that nationwide adoption of similar legislation could prevent 12.5 million unnecessary medical visits annually.

Employer Considerations

Not all employers oppose these legislative changes. However, many are understandably concerned about how to manage employee sick leave and benefits plans without the ability to require medical documentation, particularly if the prohibition of seeking medical notes extends to absences beyond the current three to five days.

Some organizations may opt to align their policies with the legislation, allowing absences of between three and five without requiring documentation. As the timeframe for permissible undocumented absences expands, the challenges for employers will mount. Some may choose just to accept the higher absence threshold without need for substantiation. However, other employers may need to seek alternative strategies to address the rising costs and challenges associated with absences, including potential impacts on team morale and engagement.

The Future of Absence Management

From a workplace management perspective, the reliance on sick notes has long been criticized as an inefficient use of resources for employees, employers, and healthcare providers alike. These documents often lack the substantive information needed to effectively manage employee benefit plans and address chronic absenteeism.

In response to these challenges, employers should consider adopting strategies that go beyond traditional methods of absence verification. By leaving technology to streamline absence management processes, employers can reduce the administrative burden on case managers and improve the organization’s ability to address rising absenteeism rates effectively.

Moving Forward

As legislation continues to evolve, HR professionals must remain proactive in adapting their policies and practices to align with these changes. Embracing innovative solutions and focusing on the root causes of absenteeism, organizations can foster a more efficient and supportive approach to managing workplace absences, ultimately benefiting both employees and employers alike.

For over two decades, atworkCare has been a trusted partner helping employers effectively manage workplace disability and absences. By offering tailored coaching on individual cases and delivering cutting-edge integrated software solutions, we empower organizations to navigate these challenges with confidence and ease.