Doctor’s note? Not so fast: What employers can ask for.
Provinces across Canada have legislation limiting an employer’s ability to require a doctor’s note for every absence. In Nova Scotia for instance, the Medical Certificates for Employee Absences Act came into force in July of 2023 and limits when employers can request a sick note. A note cannot be requested unless an employee has been absent for more than five working days or has already had two shorter absences within the prior 12 months. When a note is required, it can now come from a broader range of health professionals, not only a physician.
These restrictions govern when an employer may request a medical note for a short-term absence. They do not, however, require employers to accept vague or insufficient documentation where an absence becomes prolonged, or where genuine questions arise about an employee’s fitness to return to work.
Employers entitled to more than a vague note – Helpful decisions from Alberta and Ontario
In Kadler v. West Fraser Mills Ltd., 2026 ABCJ 28, an employee reacted angrily to being scheduled over the Christmas shutdown and was suspended pending an investigation. He went on medical leave, and a doctor’s note followed recommending a month off for work-related stress. Rather than simply accepting the note, the employer directed him to file a claim with its disability administrator. The employee was largely unresponsive, and his claim was eventually closed for lack of information. Further notes extended the leave but offered little beyond stating he could not work due to illness. The employee refused to attend a meeting about his employment status after being warned that a no-show would be treated as job abandonment. He was dismissed for cause and later sued his employer, claiming wrongful dismissal.
The Alberta Court of Justice held that employees must adequately explain an absence, and a doctor’s note – particularly a thin one – is not automatically definitive proof that someone cannot work. The court found the employer had acted reasonably by relying on its disability administrator’s process rather than accepting bare-bone notes, and that the employee’s lack of cooperation supported dismissal for cause. The wrongful dismissal claim was dismissed.
In Baker v. Firon Roofing Inc., 2026 HRTO 292, the Ontario Human Rights Tribunal held that an employee cannot rely on sparse or vague medical notes to claim failure to accommodate; the documentation must adequately substantiate functional limitations.
Together, these decisions confirm that employers can, in appropriate circumstances, insist on additional medical information from employees, including to develop return work and accommodation plans. Further, employees may have an obligation to provide the additional medical information.
Takeaways for employers
- Know when a medical note can be requested. Understand the rules governing medical documentation in the province where the employee works, including any restrictions on when a note may be requested.
- A brief note may not be the end of the inquiry. Vague notes may not address a prolonged absence, fitness to return, or accommodation needs.
- Keep requests reasonable. Where additional information is necessary, employers should clearly identify what information is required and why, while respecting the employee’s privacy and medical confidentiality.
- Give employees an opportunity to respond. Before disciplining an employee, allow them a reasonable opportunity to provide information or explain their circumstances.
For guidance on attendance management, accommodation obligations, or drafting compliant leave and sick-note policies in Nova Scotia, please contact a member of our labour and employment team.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact the authors, or a member of our Labour and Employment Group.
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