Global Compliance – Canada
Canada – Quebec: Amendments to Medical Certificate
Requirement
Effective January 1, 2025, an upcoming amendment (Bill no. 68 ) to the Act respecting Labour Standards shall limit the medical certificate requirements, wherein employers can no longer request a medical certificate from employees, for taking sick leave under certain circumstances. This amendment intends to simplify the process for employees while reducing strain on the healthcare system.
Currently in Quebec, employers may require a medical certificate for an absence due to illness or injury. This medical certificate may typically include details such as the medical diagnosis and the expected duration of the leave.
Upcoming Amendment
Effective from January 1, 2025, an employer can no longer request a medical certificate for the first three periods of absences within a 12-month period, which allows employees to take up to three short absences not exceeding three consecutive days without needing a medical certificate owing to illness.
Alternatively, employers may still request documentation if absences exceed three days or if there are concerns of misuse of the sick leave policy.
Take away- Employers must update and align their internal policies to ensure they meet the legal requirements around the medical certificate requirements for sick leave.
