Linda Farmer asked 2 weeks ago
I have an employee who is now at 22 days absences for the year, plus he has a habit of taking Mondays, so there is a big pattern to his absences. I am okay to state that going forward he is required to bring in dr’s notes to quantify the day(s) off?
Rory L Staff answered 2 weeks ago
The rules and regulations regarding employee absenteeism and the requirement for doctor’s notes can vary by province and territory. However, there are some general principles that apply to most jurisdictions in Canada:
1. Employment Standards: Each jurisdiction in Canada has its own Employment Standards Act, which sets out minimum employment standards, including provisions related to sick leave and absences. You should familiarize yourself with the specific regulations in your province or territory to ensure compliance.
2. Doctor’s Notes: In Canada, employers are generally allowed to request doctor’s notes from employees who take sick leave. However, the specific requirements and limitations may vary by jurisdiction. It’s essential to check your province or territory’s employment standards to understand the rules regarding doctor’s notes.
3. Consistency: It’s crucial to apply your attendance and sick leave policies consistently to all employees. Treating employees equally helps prevent claims of discrimination or unfair treatment.
4. Privacy Laws: Canada has strict privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Ensure that any medical information you collect from employees, including doctor’s notes, is handled in compliance with privacy laws and is kept confidential.
5. Accommodation: In Canada, employers are also required to make reasonable accommodations for employees with disabilities under human rights legislation. If an employee’s absenteeism is related to a disability, you may need to engage in an accommodation process rather than simply requesting doctor’s notes.
6. Unionized Employees: If your employee is part of a union, absenteeism policies and procedures may be subject to collective bargaining agreements. Make sure to consult the applicable union contract for guidance on managing absenteeism in unionized workplaces.
7. Legal Advice: If you have specific questions or concerns about managing absenteeism and requesting doctor’s notes, it’s advisable to seek legal advice from an employment lawyer who is knowledgeable about the labor laws in your province or territory.
In summary, while employers can generally request doctor’s notes for employee sick leave, it’s essential to do so in compliance with provincial or territorial employment standards, privacy laws, and any applicable collective agreements. Consulting with legal counsel or HR professionals who are familiar with your jurisdiction’s regulations can be invaluable in ensuring that your policies and practices align with Canadian labor laws.