As an employer in 2026, managing sick leave isn’t just about tracking hours, it’s about navigating a rapidly changing legislative landscape. Across Canada, the “doctor’s note” is becoming a thing of the past for short-term absences. Governments are shifting the burden away from the healthcare system and placing more trust in the employee-employer relationship.
For employers, the risk isn’t just a staffing shortage; it’s the compliance gap created by outdated habits. If your managers are still asking for a note on “day one,” you might be looking at significant fines.
Here is what you need to know to keep your policies sharp and your workplace compliant across the provinces.
Note: In this blog we are not focusing on fitness for work documentation or return to work documentation; those have their own set of standards and rules and require their own space. See our webinar on Managing Absenteeism & Sick Leaves for information on those subjects.
Sick Leave Entitlements vs. Sick Notes: An Important Distinction
A common source of confusion is the difference between sick leave entitlements and documentation requirements.
- Sick leave entitlements determine how much paid or unpaid time off an employee can take due to illness.
- Sick note rules determine when an employer can require medical documentation to support that absence.
Even where employees are entitled to sick days, employers are increasingly restricted in when they can ask for a doctor’s note. In many cases, requesting documentation too early can now create a compliance risk for employers.
The Big Shift: Less Documentation, More Trust
The most significant trend in 2025/2026 is the restriction of medical certificates. Lawmakers are intentionally tightening these rules to:
- Relieve Healthcare Strain: Stopping clinics from being “note factories” for the common cold.
- Promote Public Health: Discouraging sick employees from coming in just because they can’t get a doctor’s appointment.
- Standardize Fairness: Preventing managers from using note requests as a disciplinary tool.
Sick Leave Rules by Province: A 2026 Snapshot
Let’s go over the jurisdictional rules concerning sick leave rules as of January 2026.
Note: many jurisdictions offer additional leaves (such as critical illness leave) that could be used by employees who need to be away from work due to illness or injury. In this blog, we have focused on general illness leaves. Please refer to your Protected Leaves Policy provided by HR Covered or the employment standards code/act of the province or territory to see the full picture of leaves available to employees.
Alberta: Sickness Leaves Available
Subject to eligibility requirements, employees in Alberta are able to embark on either a short term leave for personal and family responsibilities or a longer term leave for long-term illness and injury, though both leaves are unpaid under provincial law.
The Entitlements:
- Personal and Family Responsibility Leave:
- Eligible employees can take up to five days of unpaid leave for health issues or family needs.
- Long-term Illness and Injury Leave:
- As of January 1, 2026, employees can take up to 27 weeks of unpaid, job-protected leave (a massive jump from the previous 16 weeks).
- The “Note” Rule: You can still request a medical certificate to verify the length of this long-term leave.
- Employer Insight: This 27-week window aligns Alberta with federal EI sickness benefits, ensuring your staff doesn’t lose their job while they are on government-supported recovery.
British Columbia: The “Five Plus Three” Standard and a Longer Term Leave
BC remains a leader in employee benefits, providing a mix of paid and unpaid time for employee illnesses.
The Entitlements:
- Illness or Injury Leave (sometimes called sick leave):
- The leave provides 5 paid days and 3 unpaid days per year.
- The “Note” Rule: You are prohibited from asking for a note for the first two short absences (5 days or less) each year.
- Employer Insight: Remember that “Family Responsibility” leave is a separate bucket. An employee could technically use two short illness leaves and two family leaves before you can legally demand a doctor’s note.
- Serious Personal Illness or Injury:
- For serious cases, BC also now offers up to 27 weeks of unpaid leave for serious illness/injury.
- An employee taking this leave must give their employer a certificate (from a designated health professional) stating:
- They can’t work for medical reasons
- The date the leave begins
- The date they expect to return to work
Federally Regulated Workplaces
If you fall under the Canada Labour Code, the rules are even more robust.
The Entitlements:
- Medical Leave with Pay:
- The leave provides up to 10 days of paid medical leave (accrued at one day per month).
- The “Note” Rule: Employers may only request a certificate after 5 consecutive days of leave.
- Medical Leave (unpaid):
- Employees may be entitled to medical leave protection of up to 27 weeks for:
- illness or injury
- organ or tissue donation
- attending medical appointments, or
- quarantine
- Employees may be entitled to medical leave protection of up to 27 weeks for:
Manitoba: The Spring 2026 Shake-up
The Entitlements:
- Family Leave:
- Entitles employees to three unpaid days per year.
- The “Note” Rule: Watch this space. Legislation expected in Spring 2026 will likely ban note requests for any absence under 7 days.
- Employer Insight: Manitoba is moving from having very few restrictions to having some of the toughest in the country. If you have a “note on day one” policy, it’s time to retire it.
- Long-Term Leave for Serious Injury or Illness:
- Entitles employees to up to 27 weeks of unpaid leave if they have a long-term serious injury or illness.
New Brunswick: The 4-Day Buffer
The Entitlement:
- Sick Leave:
- Eligible employees may take leave without pay for up to five unpaid days in a 12-month period.
- The “Note” Rule: Employers can only ask for a medical certificate if the employee is out for 4 or more consecutive days.
- Employer Insight: For those 1- or 2-day flu bugs, you’ll have to rely on internal attestation rather than a doctor’s signature.
Newfoundland & Labrador: Policy Over Statute
The Entitlements:
- Sick/Family Responsibility Leave:
- Eligible employees may be entitled to up to 7 unpaid days per year.
- The “Note” Rule: The statutory requirement for a note was repealed (as of Dec 2024).
- Employer Insight: While the law no longer forces a note, you can still have an internal company policy that requires one. However, most experts suggest following the national trend and ditching notes for short stays.
- Long-Term Illness, Long-Term Injury, and Organ Donation Leave:
- Entitles employees to up to 27 weeks of unpaid leave to recover from a long-term illness, a long-term injury, or an organ donation.
Northwest Territories: The Medical Certificate Threshold
The Entitlements:
- Sick Leave:
- Eligible employees are entitled to up to five days of unpaid leave per year.
- The “Note” Rule: Employers can request a medical certificate only if the leave exceeds 3 consecutive days.
- Employer Insight: NWT health authorities are actively discouraging “day-one” sick notes to reduce the burden on the healthcare system. It’s important for employers to stick to the 3-day statutory rule.
- Compassionate Care Leave:
- For serious family care, employees may be eligible for up to 27 weeks of unpaid compassionate care leave.
Nova Scotia: The Pattern Tracker
The Entitlements:
- Sick Leave and Family Responsibility Leave:
- Eligible employees are entitled to an unpaid absence of up to five days due to an employee’s own illness or injury.
- The “Note” Rule: Notes are only allowed if the absence is longer than 5 days or if there is a clear “pattern” of abuse (e.g., always sick the Friday before a long weekend).
- Employer Insight: Nova Scotia allows notes from any regulated health professional, including pharmacists, which helps employees get documentation without clogging up ERs.
- Serious Illness or Injury Leave:
- Eligible employees diagnosed with a serious illness or injury may be entitled to an unpaid leave of absence of up to twenty-seven weeks from the day the employee was diagnosed; or where the leave was begun before the employee was diagnosed, the day the leave was begun.
Nunavut: The Family Responsibility Framework
The Entitlement:
- While “sick leave” isn’t explicitly branded as its own category in the Labour Standards Act, employees are entitled to 3 days of unpaid leave per year for “Family Responsibility,” which covers personal illness or caring for a sick family member.
- The “Note” Rule: Employers may request “reasonable verification,” but there is no strict statutory ban on notes for short absences like in Ontario.
- Employer Insight: Most Nunavut employers follow a “3-day rule” (asking for notes only after 3 days) to align with neighboring territories.
Ontario: The “No Note” Zone with a $100,000 Risk
In Ontario, the Working for Workers Five Act has fundamentally changed the game for the three statutory unpaid days.
The Entitlement:
- Sick Leave:
- Entitles eligible employees to three unpaid, job-protected days per year.
- The “Note” Rule: Employers are strictly prohibited from requesting a doctor’s certificate for these three days.
- Alternative Proof: Employers can ask for reasonable evidence, such as a signed employee attestation or a dated receipt for a pharmacy purchase, but never a diagnosis.
- Penalty Risk: Contravening these rules can result in fines up to $100,000.
Prince Edward Island: The Service-Based Scale
The Entitlement:
- Sick Leave:
- Unpaid days start at 3 months; paid days kick in after longer service (one day after 12 months, two after 24, three after 36) plus unpaid days.
- The “Note” Rule: You can only request a note after 3 consecutive days of absence.
- Employer Insight: PEI’s system rewards loyalty—the longer they stay, the more paid protection they earn.
Quebec: The “Rolling 12” Rule
The Entitlement:
- Non-Work-Related Accident or Illness Leave:
- 2 paid days (after 3 months of employment with an employer), and up to 26 weeks of unpaid leave in any 12-month period.
- The “Note” Rule: Under Bill 68, you cannot ask for a note for the first three short absences (3 days or less) in a rolling 12-month period.
- Employer Insight: This rule is “public order,” meaning it overrides any existing collective agreements or employment contracts.
Saskatchewan: The Serious Illness Upgrade
The Entitlements:
- Illness or Injury Leave:
- Employers may not dismiss, discipline, or take any other discriminatory action against employees who have worked for them for more than 13 consecutive weeks because of an absence due to the illness or injury of the employee or a dependent in their immediate family if the absence does not exceed 12 days in a calendar year for an illness or injury that is not serious (these days are unpaid).
- The “Note” Rule: You generally cannot request a note for absences under 5 consecutive days.
- Serious Illness:
- As of January 1, 2026, serious illness unpaid leave has been extended to 27 weeks (up from 12).
- Employer Insight: Like Alberta and BC, Saskatchewan is prioritizing job protection for those facing long-term battles like cancer treatment or major surgery.
Yukon: The Paid Sick Leave Rebate (2026 Update)
The Entitlement:
- Sick Leave:
- Under the Employment Standards Act, employees earn 1 unpaid day per month worked (up to 12 days/year).
- The “Note” Rule: The Act doesn’t strictly prohibit note requests, but the Yukon Paid Sick Leave Rebate program (available until March 31, 2026) does not require a doctor’s note for the government to reimburse the employer.
- Employer Insight: Yukon is unique because of the Rebate Program. It covers up to 40 hours of wages per employee per year for those making under the average wage ($36.71/hr). It’s essentially a “government-funded” paid sick leave for your lower-wage staff.
Jurisdictional Comparison Table
| Jurisdiction | Paid Days | Unpaid Days (Short-Term) | Serious Illness Leave (Long-Term) | Can you ask for a Medical Note? |
| Federal | Up to 10 | N/A | 27 Weeks | Only if absent 5+ consecutive days |
| Alberta | 0 | 5* | 27 Weeks | Yes, to verify length of long-term leave |
| BC | 5 | 3 | 27 Weeks | No for first 2 absences (if < 5 days) |
| Manitoba | 0 | 3 | 27 Weeks | No if < 7 days (as of Spring 2026) |
| New Brunswick | 0 | 5 | N/A | Only if absent 4+ consecutive days |
| Newfoundland | 0 | 7 | 27 Weeks | Statutory requirement repealed |
| NW Territories | 0 | 5 | 27 Weeks | Only if absent 3+ consecutive days |
| Nova Scotia | 0 | 5 | 27 Weeks | Only if > 5 days or suspicious pattern |
| Nunavut | 0 | 3 | N/A | Reasonable proof allowed (after 3 days) |
| Ontario | 0 | 3 | 27 Weeks | Strictly Prohibited for statutory days |
| PEI | 1–3** | 3 | N/A | Only if absent 3+ consecutive days |
| Quebec | 2 | N/A | 26 Weeks | No for first 3 absences (if < 3 days) |
| Saskatchewan | 0 | 12 | 27 Weeks | Only if absent 5+ consecutive days |
| Yukon | 0*** | Up to 12 | 12 Weeks | Yes, but discouraged for short stays |
*In Alberta, the 5 unpaid days fall under “Personal and Family Responsibility Leave.”
**In PEI, paid days are based on years of service (1 day after 1 yr, 2 after 2 yrs, 3 after 3 yrs). ***Yukon’s government provides a wage rebate for up to 40 hours of sick leave. Most private-sector employers can access the Paid Sick Leave Rebate (up to 40 hours) until March 31, 2026.
It is critical to remember that the table above represents the bare legal minimum. An employer’s specific workplace may be governed by higher standards due to:
- Collective Bargaining Agreements (CBAs): If your workplace is unionized, your collective agreement likely offers sick leave benefits that exceed these provincial minimums. You cannot “contract out” of the law, but you can always provide more.
- Employment Contracts: A written offer letter or contract may promise “10 days of paid sick leave.” Even if the province requires zero paid days, you are legally bound by the terms of your own contract.
- The “Duty to Mitigate” & Human Rights: While “Sick Leave” may end at 3 days or 27 weeks, the Human Rights Code or Act in your province or territory may require you to accommodate an employee with a disability far beyond these timelines, up to the point of “undue hardship.”
Before making a major HR decision (like termination for absenteeism), we strongly recommend consulting with a qualified employment lawyer or HR advisor in your specific province or territory.
- The “27-Week” Alignment: You’ll notice a “27-week” trend across many provinces (AB, BC, MB, NL, NS, ON, SK). This is because provincial governments have updated their laws to match the Federal EI Sickness Benefit duration, ensuring workers don’t lose their jobs while collecting their federal checks.
- The “North” Context: In the Territories, while “Sick Leave” might be unpaid by the employer, there are often territorial medical travel benefits or rebates (like in the Yukon) that help offset the cost for employees.
- Short vs. Long: Prohibitions on medical notes almost always apply to short-term absences. For the 27-week “Serious Illness” leaves, employers are generally entitled to medical documentation confirming the duration.
- Accrual: A reminder for payroll departments that for long-term job-protected leaves, “years of service” typically continue to accrue even while the employee is not being paid.
What Employers Often Get Wrong
Most legal headaches don’t come from the law itself, but from inconsistent application of available employee entitlements.
- The “Habit” Trap: Managers often ask for doctor’s notes because “that’s how we’ve always done it.” In 2026, this could be a fast track to a fine.
- Asking for a Diagnosis: An employer’s or supervisor’s right to know why someone is sick ends at “it is for a medical reason.” Asking for specifics, including a diagnosis, violates privacy laws and human rights codes/acts.
- Ignoring Part-Timers: These entitlements apply to part-time, casual, and temporary workers too, so long as they fit the eligibility requirements for length of service, where applicable.
Employer Insight: Use Self-Attestation Forms. Instead of a doctor’s note, have employees sign a formal internal declaration. It maintains accountability without violating the new “no-note” legislations.
Are Employers Allowed to Request Any Documentation?
Yes, but with limits.
While medical notes are increasingly restricted for short absences, employers may still:
- Track sick leave consistently
- Use self-attestation or internal absence forms
- Request documentation once statutory thresholds are met
- Manage longer or recurring absences through accommodation and return-to-work processes
The shift is not toward no oversight at all, but toward proportionate and defensible documentation practices.
Next Steps
The “wait and see” approach is risky. To protect your business, you should:
- Audit Your Policy Manual: Ensure your written policy doesn’t mandate a doctor’s note for absences shorter than the provincial threshold.
- Train Your Front Line: Ensure managers and supervisors know exactly when they are (and aren’t) allowed to ask for documentation.
- Focus on Accommodation: If an employee is out beyond the statutory days, pivot the conversation from “why are you sick” to “how can we accommodate your return.”
- If in Doubt: Be sure to consult with an HR professional or employment lawyer PRIOR to requesting documentation that may not be permitted. It’s a lot harder to walk back a request than it is to wait and verify what you can ask and when.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. While the 2026 data presented here reflects the statutory minimums at the time of publication, employment laws are subject to rapid change through provincial updates and court rulings.
