The Ontario government has amended the Employment Standards Act to deny the employer the right to insist on a medical note from a physician to verify the request for sick leave days allowed under the ESA. These sick days allowed by the statute are unpaid. The Act allows for three days of unpaid sick leave in each calendar year, provided that the employee has had at least two consecutive weeks of employment.

These “sick” days under the ESA may be requested for personal illness, injury or medical emergency.

The employee is still required, however, to provide “evidence reasonable in the circumstances” to confirm their entitlement to the leave. The employer may request that the employee complete a written confirmation of their basis for the leave.

This will not impact the employer’s right to request medical evidence when the leave taken differs from the context above, such as a paid period of medical leave, or the employer’s right to request details of the medical issues to allow for reasonable accommodation, or where the period of unpaid leave exceeds three days per calendar year.

This right to unpaid medical leave is distinct from other statutory leave entitlements as reviewed here.