An employee calls in sick for a day, and a supervisor asks for a doctor's note. For years that may have been treated as a routine attendance question, something the employer could settle by pointing to a familiar policy. In Ontario, it now requires a different answer. The change isn't that an employee can never be asked for evidence. It's that HR has to identify the leave involved before deciding what evidence the law permits. Since October 28, 2024, Ontario employers have been prohibited from requiring a certificate from a qualified health practitioner as evidence of entitlement to sick leave under the Employment Standards Act. The rule applies to ESA sick leave, generally up to 3 unpaid, job protected days per calendar year for eligible employees who have worked at least 2 consecutive weeks. There are special rules for some occupations, and an employment contract or collective agreement may provide more generous leave. The statute establishes a minimum protection rather than describing every employer's sick leave program.
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