Limits Employer Sick Note Requirements

Summary#

• This Manitoba law limits when employers can ask for a “sick note” for short-term illness or injury. It also says who can write a sick note and makes employers repay workers for any fee charged for the note.

• The goal is to cut unnecessary doctor visits, reduce costs for workers, and set clear, fair rules.

• Key changes:

  • Employers cannot require a sick note unless the absence lasts more than one week, or the worker has already missed more than 10 scheduled workdays in that calendar year because of illness or injury. A partial day off can count toward the 10 days.
  • If a note is required, it can come from many health professionals who treated the worker: doctors, physician assistants, clinical assistants, registered nurses, nurse practitioners, registered psychiatric nurses, licensed practical nurses, psychologists, and midwives. Similar professionals from outside Manitoba are allowed too. The government can add more types by regulation.
  • Employers must reimburse workers for any reasonable fee charged for the sick note. Workers must submit proof within 30 days of getting the note; employers must pay within 30 days of receiving proof. Unpaid amounts are treated like unpaid wages, and workers can file a complaint.
  • Employers can still ask for a “fit to return to work” note after an absence, and for certificates needed for certain leaves (like pregnancy or parental leave).
  • The law takes effect 180 days (about six months) after it became law.

What it means for you#

• Workers

  • For most short absences (one week or less), your employer cannot ask for a sick note.
  • Your employer can ask for a note if you miss more than a week, or if you have been off more than 10 scheduled workdays in the same calendar year because of illness or injury. Missing part of a day can count as one day toward the 10.
  • If a note is required, you can get it from a wide range of health professionals who treated you, not just a doctor.
  • If you pay a fee for the note, your employer must reimburse you. Give them proof within 30 days; they must pay you within 30 days after that. If they don’t, it counts as unpaid wages and you can file a complaint within six months after the deadline.
  • This law does not stop your employer from asking for a “return-to-work” note after you’re off, or from asking for certificates needed for certain longer leaves (like pregnancy or parental leave).
  • The Code now clearly covers both injury and illness for these absence rules.

• Employers and HR

  • Update attendance and sick leave policies. Do not require sick notes for absences of a week or less, unless the worker has exceeded 10 scheduled sick days that year.
  • You may count a part-day absence as one day toward the 10-day threshold.
  • Accept notes from the listed health professionals, including those outside Manitoba with an equivalent license.
  • If you require a note, reimburse any reasonable fee within 30 days of receiving proof. Treat unpaid reimbursements as wages owing and be aware of complaint risks.
  • You may still require a “fit to return to work” note after an absence and certificates for certain statutory leaves.
  • Track sick-day totals by calendar year.

• Health professionals

  • You may see fewer requests for notes for minor illnesses.
  • If you issue a sick note and charge a fee, the patient’s employer must reimburse the patient.

Expenses#

• At a glance: Public costs appear minimal; costs mainly shift to employers when they choose to require a sick note.

• Likely impacts:

  • Employers pay reasonable fees for sick notes they request and handle simple reimbursement and record-keeping.
  • Workers should pay fewer out-of-pocket fees, since notes cannot be required for short absences.
  • Fewer clinic visits just to get a note may ease demand on health providers.

Proponents' View#

• Reduces unnecessary clinic visits and keeps sick or injured people home to recover.
• Saves workers time and money by stopping note requests for short illnesses.
• Sets clear, simple rules that are easy for workers and employers to follow.
• Broadens who can issue notes, making it easier to get one when truly needed.
• Reimbursement rule is fair: if an employer asks for a note, they cover the cost.

Opponents' View#

• Employers may find it harder to manage attendance and may worry about abuse without early note requirements.
• Reimbursement shifts costs to employers and adds administrative tracking.
• Counting partial days toward the 10-day limit could create disputes or confusion.
• Different rules for sick notes versus return-to-work or leave certificates may be confusing.
• Smaller businesses may feel the burden of policy changes and complaint risk more than larger firms.