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WHY WILL EMPLOYERS NO LONGER BE ABLE TO REQUIRE A MEDICAL NOTE FOR CERTAIN ABSENCES DUE TO ILLNESS?

As of January 1, 2025, employers will no longer be allowed to require employees to provide a medical certificate to justify absences of three days or less due to illness.

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This change is part of the key amendments introduced by Bill 68, An Act mainly to reduce the administrative burden of physicians¹, which was sanctioned by the National Assembly of Québec on October 9, 2024.

The bill aims to improve access to healthcare and ease physicians’ administrative workload, introducing several changes to the provisions of the Labour Standards Act² ("LSA"), effective January 1, 2025.

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These amendments also apply to employers in the construction sector, where employees are governed by the Act Respecting Labour Relations, Vocational Training, and Workforce Management in the Construction Industry³.

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Employers are advised to adapt their policies and practices before the amendments take effect to avoid committing a penal offense and facing fines⁴.

Sick Leave, Organ Donation, Accident, and Violence Absences

Section 79.2 LNT currently allows the employer to require an employee to provide a document justifying the reasons for an absence, "if circumstances warrant, particularly considering the duration of the absence or its repetitive nature," in the following cases:

  • Illness

  • Organ or tissue donation for transplant purposes

  • Accident

  • Domestic violence

  • Sexual violence

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However, the new changes to the LNT limit the employer's rights by specifying that for the situations mentioned above, the employer can no longer require the employee to provide a document justifying the reason for the absence, including a medical note, for the first three periods of absence of three consecutive days or less within a 12-month period.

 

The employee is still obligated to notify the employer of their absence and the reasons for it as soon as possible (Section 79.2, para. 1 LNT). Unless in cases of force majeure, this notice must, of course, be given before the start of the workday to minimize the inconvenience caused by the employee's absence.⁵ .

Absences for Family or Parental Reasons

Section 79.7 LNT currently allows the employer to require a document justifying the reasons for an absence, if "circumstances warrant, particularly considering the duration of the absence," when an employee is absent for the following reasons:

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  • To fulfill obligations related to the care, health, or education of their child or their spouse’s child

  • Due to the health condition of a family member or a person for whom the employee acts as a caregiver

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The changes to the LNT clarify that, in these situations, although the employer can request that the employee provide a document justifying the reason for the absence, they can no longer require a medical certificate.

The employee is still required to notify the employer of their absence as soon as possible and take reasonable steps to minimize the duration and frequency of the leave (Section 79.7, para. 4 LNT).

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It is important to note that the Administrative Labour Tribunal has repeatedly ruled that the protection offered by the LNT to meet parental obligations is not absolute, and parents are required to make arrangements for the care of their child without depriving the employer of their work performance.

Your employment law attorneys at Gravel Bernier Vaillancourt can advise and assist you in adjusting your policies, practices, and employment contracts to comply with these new legislative changes.

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Please contact Me Charles Caza, Me Francis Meloche, and Me William Bérubé for any questions on this subject.

¹Loi visant principalement à réduire la charge administrative des médecins, 1ère session., 43e législature (QC).

²Loi sur les normes du travail, RLRQ, c. N-1.1.

³Loi sur les relations du travail, la formation professionnelle et la gestion de la main-d’œuvre dans l’industrie de la construction, RLRQ, c. R-20.

⁴Article 140 LNT.

⁵Sain c. Multi-démolition S.D., 1994 CanLII 16150 (QC TT).

⁶Syndicat du préhospitalier (FSSS-CSN) c. Corporation d’Urgences-Santé (Dominik Thibeault), 2019 QCTA 222, 2019EXPT-1346 (T.A.).​​​​

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