Manitoba Sick Note Rules 2026: Employer Guide Before October 1, 2026
Starting October 1, 2026, Manitoba employers face new legal limits on sick note requests. This plain-English guide covers both thresholds, reimbursement duties, accepted health professionals, examples, policy wording, and an HR checklist.
Overview
Starting October 1, 2026, Manitoba employers will face new limits on when they can ask an employee for a sick note. The change applies when an employee is absent from work because of the employee’s own injury or illness.
A Manitoba employer may require a sick note only if one of these conditions is met:
- The employee’s absence continues for more than one week; or
- The employee has been absent because of injury or illness on more than 10 scheduled workdays in the same calendar year, either before the current absence or because of the current absence.
This wording matters. The official Manitoba text says “more than one week.” Some secondary summaries describe the idea as more than seven days or seven consecutive days, but employers should use the statutory wording in their policies.
If an employer is legally allowed to require a sick note, the employer must accept a note from a broader list of health professionals, not only physicians. If the employee is charged a reasonable fee for the note, the employer must reimburse the employee.
Important disclaimer: This article is for general HR compliance information only. It is not legal advice. Employers should review their workplace facts, contracts, collective agreements, human rights duties, privacy obligations, return-to-work procedures, workplace safety duties, and applicable jurisdiction before making policy decisions.
Sources
- https://www.gov.mb.ca/labour/standards/index.html
- https://www.gov.mb.ca/labour/safety/index.html
- https://www.manitobahumanrights.ca/education-resources/resources/employment.html
- https://web2.gov.mb.ca/laws/statutes/ccsm/l010.php
Key Takeaways for Manitoba Employers
| Topic | What Employers Need to Know |
|---|---|
| Effective date | The new sick note limits start on October 1, 2026. |
| Legal source | Bill 11, The Employment Standards Code Amendment Act (Sick Notes for Employee Absences), 3rd Session, 43rd Legislature. |
| Main rule | Employers cannot routinely require sick notes for short illness or injury absences. |
| First threshold | A sick note may be required if the absence continues for more than one week. |
| Second threshold | A sick note may be required after more than 10 scheduled workdays of illness or injury absence in the same calendar year. |
| Part-day absences | A part-day illness or injury absence may count as one day for the annual threshold. |
| Accepted providers | Notes may come from several eligible health professionals, not only doctors. |
| Cost | If the employer requires the note, the employer must reimburse reasonable sick note fees. |
| Paid sick leave | The change does not create a new paid sick leave entitlement. |
| HR action | Update policies, manager scripts, absence tracking, and reimbursement procedures before October 1, 2026. |
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Why This Change Matters
Many workplaces still use old sick note rules. A handbook may say, “A doctor’s note is required after three sick days.” Another policy may say, “A medical note is required for any absence before or after a weekend, holiday, or vacation.”
Those policies are risky after October 1, 2026.
The new Manitoba rule creates a legal threshold. Employers must ask whether the absence is longer than one week, or whether the employee has crossed more than 10 scheduled workdays of illness or injury absence in the same calendar year.
Employers can still require employees to report absences, keep the workplace informed, follow call-in rules, cooperate with lawful return-to-work processes, and participate in accommodation discussions where required.
Manitoba employers can still manage attendance — but they need a cleaner, more careful process.
Sources
- https://www.gov.mb.ca/labour/standards/index.html
- https://www.manitobahumanrights.ca/education-resources/resources/employment.html
What Law Is Changing?
Manitoba passed Bill 11, The Employment Standards Code Amendment Act (Sick Notes for Employee Absences). The bill amends The Employment Standards Code by adding a new Division 8.1 called Sick Notes.
The bill received Royal Assent on June 1, 2026 and comes into force 180 days after Royal Assent. That makes the effective date October 1, 2026.
The new Division defines “sick note,” explains when a sick note may be required, lists who may provide one, confirms that some other medical documents are not affected, and creates a reimbursement duty when an employer requires a sick note.
Employers should treat the official wording as the controlling source. For the first threshold, use “more than one week.” For the second threshold, use “more than 10 scheduled workdays in that calendar year.”
Canada Policy Manual tracks legislative changes across all Canadian provinces. Learn how we monitor, verify, and update our policy content.
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Who Is Covered?
The new rule applies under Manitoba employment standards legislation. In general, Manitoba employment standards apply to provincially regulated employers and employees in Manitoba.
Most local Manitoba workplaces will fall under provincial employment standards. Examples may include restaurants, local retail stores, local professional offices, many construction employers, many local service businesses, and many non-profit workplaces.
However, not every workplace located in Manitoba is governed by Manitoba employment standards. Some employers are federally regulated because of the nature of their operations. Examples may include certain banks, airlines, railways, telecommunications employers, and interprovincial transportation employers.
Before changing a policy, confirm the correct jurisdiction.
| Workplace Type | Rule to Check |
|---|---|
| Local retail store in Winnipeg | Manitoba employment standards |
| Restaurant in Brandon | Manitoba employment standards |
| Local office employer | Manitoba employment standards |
| Local construction company | Manitoba employment standards, plus safety obligations |
| Bank branch | Federal labour standards may apply |
| Interprovincial trucking operation | Federal labour standards may apply |
| Unionized employer | Employment standards plus collective agreement |
For a broader overview of Manitoba employment standards obligations, see our Manitoba province guide or visit the Manitoba Employee Policy Manual page.
What Is a Sick Note?
Under the new Manitoba rule, a sick note means a certificate, letter, or other document issued by a health professional to verify that an employee cannot or should not attend work on a short-term basis because of the employee’s injury or illness.
The label is not the main issue. The purpose is the main issue. If the employer is asking for a health professional document to prove that an employee should be away from work for a short-term illness or injury, it is likely a sick note under the new rule.
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When Can an Employer Require a Sick Note?
The new rule creates two main thresholds.
Threshold 1: More Than One Week
An employer may require a sick note if the employee’s absence because of injury or illness continues for more than one week.
A short absence of one, two, three, or five days will usually not meet this threshold. Exactly one week should also be treated carefully because the statutory language is more than one week.
Threshold 2: More Than 10 Scheduled Workdays in the Calendar Year
An employer may also require a sick note if the employee has been absent because of injury or illness on more than 10 scheduled workdays in the same calendar year.
This can include days before the current absence and days caused by the current absence. For many employees, the threshold is crossed on the 11th scheduled workday of illness or injury absence in that calendar year.
The phrase “scheduled workdays” is important. Employers should count days the employee was scheduled to work, not every calendar day.
| Situation | Can the Employer Require a Sick Note? |
|---|---|
| Employee is sick for one scheduled workday | Usually no |
| Employee is sick for three scheduled workdays | Usually no |
| Employee is absent for exactly one week | Not under the more-than-one-week threshold alone |
| Employee is absent for more than one week | Yes, a sick note may be required |
| Employee has exactly 10 scheduled sick days in the year | Not under the annual threshold alone |
| Employee has 11 scheduled sick days in the year | Yes, the annual threshold may be met |
| Employee leaves halfway through a shift due to illness | That day may count toward the annual threshold |
| Employee returns after a serious injury and fitness is unclear | Return-to-work documentation may still be possible |
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Part-Day Absences Can Count
If an employee is absent because of injury or illness for any part of a day, the employer may count that day as a day of absence for the annual threshold.
For example, if an employee is scheduled from 9 a.m. to 5 p.m. and leaves at noon because of illness, the employer may count that day toward the “more than 10 scheduled workdays” threshold.
Inconsistent tracking creates problems. If one manager counts partial days and another manager ignores them, two employees may be treated differently for the same type of absence. Employers should document their counting approach in policy and train all managers consistently.
Example 1: Short Flu Absence
A warehouse employee in Winnipeg is scheduled to work Monday to Friday. The employee calls in sick on Monday and Tuesday with flu-like symptoms. The employee follows the company’s call-in process and returns to work on Wednesday.
The employee has missed two scheduled workdays. The absence did not continue for more than one week. The employee has not crossed more than 10 scheduled workdays of illness or injury absence in the calendar year.
In this situation, the employer should not require a sick note under the new Manitoba rule.
The employer can still record the absence. The employer can still ask the employee to follow the normal attendance procedure. The employer can ask whether the employee expects to return as scheduled. But the employer should not say, “Bring a doctor’s note or the absence will be unauthorized,” unless a legal threshold has been met.
Sources
Example 2: Current Absence Crosses the Annual Threshold
A retail employee has already missed 9 scheduled workdays earlier in the calendar year because of illness. In November, the employee becomes ill again and misses two more scheduled workdays.
The first day of the new absence brings the annual total to 10 scheduled workdays. The second day brings the total to 11 scheduled workdays.
Because the employee has now been absent because of illness or injury on more than 10 scheduled workdays in the same calendar year, the employer may require a sick note.
The employer must still handle the request properly. The note may come from an eligible health professional who provided care. If the employee is charged a reasonable fee for the note, the employer must reimburse the employee after receiving proper evidence.
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Who Can Provide a Sick Note?
If the employer is allowed to require a sick note, the employer must allow the employee to obtain the note from one of the listed health professionals who provided care to the employee for the injury or illness that caused the absence.
The employer should not insist that the note must come only from a physician.
| Health Professional | Accepted? |
|---|---|
| Physician | Yes |
| Physician assistant | Yes |
| Clinical assistant | Yes |
| Registered nurse | Yes |
| Nurse practitioner | Yes |
| Registered psychiatric nurse | Yes |
| Licensed practical nurse | Yes |
| Psychologist | Yes |
| Midwife | Yes |
| Equivalent out-of-province health professional | Yes, if equivalent and legally entitled to practise |
| Prescribed class of health professionals | Yes, if prescribed by regulation |
For a broader overview of how Manitoba employment standards have evolved in recent years, see our Manitoba Employment Standards Guide 2026.
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Employer Must Reimburse Required Sick Note Costs
If an employer requires a sick note, the employer must reimburse the employee for any reasonable amount charged by the health professional for providing the sick note.
The employee must provide evidence of entitlement to reimbursement within 30 days after obtaining the sick note. The employer must reimburse within 30 days after the employee provides the evidence.
If reimbursement is not made within the required time, the unpaid amount is deemed to be wages owing. The employee may file a complaint within six months after the reimbursement deadline.
| Step | Action |
|---|---|
| 1 | Employer confirms a legal threshold has been met. |
| 2 | Employer asks for the sick note using approved wording. |
| 3 | Employee gets the note from an eligible health professional. |
| 4 | Employee provides evidence of the cost within 30 days. |
| 5 | Employer reimburses within 30 days after receiving the evidence. |
| 6 | If unpaid, the amount may be treated as wages owing. |
Evidence may include a receipt, invoice, clinic charge slip, or other proof showing the sick note fee.
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Real-World Use Case 1: Small Retail Store
A small retail store in Brandon has 12 employees. The old handbook says, “A doctor’s note is required after three sick days or for any absence before or after a holiday.”
Before October 1, 2026, the store should rewrite this policy. The new policy should say that sick notes will only be required where permitted by Manitoba employment standards legislation. It should include the more-than-one-week threshold and the more-than-10-scheduled-workdays annual threshold.
The store should also train supervisors. A shift supervisor should not ask for a doctor’s note during a short absence just because the store is busy or because the absence happened near a long weekend.
The store should create a simple tracker. For each employee, it should record illness and injury absences by scheduled workday and calendar year. If the employee crosses the annual threshold, the owner or HR contact can review the file before requesting a note.
Sources
Real-World Use Case 2: Manufacturing Workplace With Safety-Sensitive Roles
A manufacturing employer has production employees, machine operators, and maintenance workers. The workplace has safety-sensitive tasks. Some employees have short illnesses, while others may return after injuries.
The employer should separate three processes: short-term sick notes, workplace injury reporting, and fitness-to-return documentation.
For a two-day cold or stomach illness, the employer should not automatically ask for a sick note unless a legal threshold is met. For a work-related injury, the employer may need to follow workplace injury and workers’ compensation processes. For an employee returning after a serious injury, the employer may need documentation showing the employee is fit to return or explaining functional restrictions.
The new Manitoba rule limits sick note demands, but it does not remove the employer’s ability to ask for appropriate return-to-work documentation in proper cases.
What Employers Can Still Ask Employees
Employees must still communicate with the employer when they cannot attend work. The new rule does not remove basic attendance responsibilities.
Employers can usually require employees to:
- report the absence as soon as reasonably possible;
- follow the correct call-in method;
- confirm they are unable to work;
- provide an expected return date if known;
- keep the employer updated if the absence continues;
- follow safe return-to-work instructions; and
- cooperate with lawful accommodation or return-to-work processes.
A call-in rule is not the same as a sick note demand. Employers can still ask for attendance information needed to run the workplace. Employers should avoid asking for diagnosis details unless there is a specific legal or accommodation reason.
Sources
- https://www.gov.mb.ca/labour/standards/index.html
- https://www.manitobahumanrights.ca/education-resources/resources/employment.html
What Employers Should Avoid
| Risky Practice | Better Practice |
|---|---|
| “Bring a doctor’s note after three days.” | “HR will request documentation only where permitted by law.” |
| “No note, no sick day.” | “Please follow the call-in process and keep us updated.” |
| “Only a doctor’s note is accepted.” | “A note from an eligible health professional may be accepted.” |
| “You pay for the note.” | “If we require the note, we reimburse reasonable fees.” |
| “Tell me your diagnosis.” | “Please tell us whether you are unable to work and your expected return date if known.” |
| “Managers can request notes anytime.” | “Managers must check with HR before requesting medical documentation.” |
Sources
Does This Create Paid Sick Leave?
No. The Manitoba sick note change does not create a new paid sick leave entitlement.
It limits when employers can require sick notes. That is different from requiring employers to pay employees for sick days.
Employers may provide paid sick leave through policies, contracts, collective agreements, benefit plans, or company practice. The new rule does not remove those benefits. It also does not automatically add new paid sick days.
Other Documents Are Not Completely Banned
The new rule does not ban every medical document in every situation.
It does not affect an employer’s ability to require certain certificates from a physician or midwife for leaves of absence under the Employment Standards Code. It also does not affect an employer’s ability to require a certificate, letter, or other document from a health professional to verify that an employee is fit to return to work after an absence.
This is why employers should not use one generic “medical note” process for everything.
| Document Type | Main Purpose |
|---|---|
| Sick note | Verifies short-term inability or unsuitability to attend work due to illness or injury |
| Statutory leave certificate | Supports a specific leave where the Code allows or requires it |
| Fitness-to-return document | Confirms whether the employee can safely return after an absence |
| Accommodation information | Explains restrictions, limitations, or functional needs |
| Workplace injury document | Supports injury reporting, claim management, or modified duties |
Sources
- https://www.gov.mb.ca/labour/standards/index.html
- https://www.manitobahumanrights.ca/education-resources/resources/employment.html
HR Policy Update Checklist
Manitoba employers should complete these steps before October 1, 2026.
- Confirm the workplace is provincially regulated in Manitoba.
- Review current sick leave and attendance policies.
- Remove automatic doctor’s note rules for short absences.
- Add the more-than-one-week threshold.
- Add the more-than-10-scheduled-workdays threshold.
- Decide how part-day absences will be counted.
- Replace “doctor’s note” with “sick note from an eligible health professional.”
- Add reimbursement steps and deadlines.
- Train managers and supervisors.
- Update HRIS, payroll, and attendance codes.
- Review collective agreement wording if applicable.
- Separate sick note, return-to-work, injury, and accommodation processes.
- Audit sick note requests after October 1, 2026.
For broader HR compliance requirements across all Manitoba employment standards areas, use our free HR Compliance Checklist for Canadian employers.
Sample Policy Wording
Employers may use language similar to the following as a starting point. This is general guidance only. Always have your legal counsel review policy wording before finalizing.
Employees must notify the company as soon as reasonably possible if they are unable to attend work because of illness or injury. Employees must follow the company’s normal absence reporting process unless they are unable to do so because of the circumstances.
The company will not require a sick note for an absence due to illness or injury unless permitted by Manitoba employment standards legislation. A sick note may be required where the absence continues for more than one week, or where the employee has been absent from work because of illness or injury on more than 10 scheduled workdays in the same calendar year, including as a result of the current absence.
For the annual threshold, the company may count a part-day absence due to illness or injury as a day of absence.
Where a sick note is legally required, the company will accept a sick note from an eligible health professional who provided care to the employee for the illness or injury that caused the absence. The company will not require the note to be issued only by a physician where another eligible health professional is permitted.
If the company requires a sick note and the health professional charges the employee a reasonable fee, the company will reimburse the employee. The employee must provide evidence of the fee within 30 days after obtaining the sick note. The company will reimburse the employee within 30 days after receiving that evidence.
Medical information will be handled confidentially and shared only with people who need the information for legitimate workplace purposes.
For additional free HR policy templates tailored to Canadian employers, visit our free policies section.
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Manager Script
When an employee calls in sick, managers can say:
“Thanks for letting me know. Please follow the normal absence reporting process and keep us updated about your expected return date if you know it.”
If the absence may cross a legal threshold, managers can say:
“I will ask HR to review whether documentation is required under our policy and Manitoba employment standards. HR will follow up if anything is needed.”
Managers should not say:
“Bring a doctor’s note tomorrow.”
They should also avoid asking:
“What is your diagnosis?”
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Frequently Asked Questions
When do the new Manitoba sick note rules start?
They start on October 1, 2026.
Can an employer ask for a sick note after one sick day?
Usually no. A one-day absence does not meet the more-than-one-week threshold. The employer should also check whether the annual scheduled workday threshold has been crossed.
Can an employer ask for a sick note after three days?
Usually no. A three-day automatic rule should be reviewed. The employer may require a note only if one of the legal thresholds is met.
What happens at exactly 10 scheduled workdays?
The annual threshold is more than 10 scheduled workdays. An employee with exactly 10 scheduled workdays of illness or injury absence has not crossed that threshold yet.
Can part-day absences count?
Yes. If the employee is absent for part of a day because of illness or injury, the employer may count that day toward the annual threshold.
Does the note have to come from a physician?
No. If a sick note is allowed, the employer must accept notes from several eligible health professionals who provided care for the illness or injury.
Who pays for the note?
If the employer requires the note and the health professional charges a reasonable fee, the employer must reimburse the employee.
Does this law create paid sick days?
No. It limits sick note demands. It does not create a new paid sick leave entitlement.
Can employers still ask for return-to-work documents?
Yes, in proper cases. Fitness-to-return documentation is separate from a short-term sick note under the new rule.
For more answers to common Canadian employment law questions, visit our FAQ page.
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Final Employer Action Plan
Manitoba employers should not wait until October 1, 2026. The new sick note rules require practical updates before the effective date.
First, rewrite any policy that automatically requires a doctor’s note after a short absence. Second, train managers not to request notes too early. Third, update attendance tracking so illness and injury absences are counted by scheduled workday and calendar year. Fourth, create a reimbursement process for reasonable sick note fees. Fifth, separate ordinary sick notes from return-to-work, accommodation, workplace injury, and statutory leave documentation.
The safest approach is to require HR review before any sick note request. HR can check the legal threshold, send proper wording, protect privacy, accept notes from eligible health professionals, and make sure reimbursement happens on time.
In simple terms, Manitoba’s new rule is not about ignoring absences. It is about using sick notes only when the law allows them and managing attendance in a more careful, consistent, and employee-friendly way.
Manitoba employers who manage their HR policy manual through Canada Policy Manual can update their sick leave policy sections before the October 1, 2026 deadline. Visit the Manitoba Employee Policy Manual page to see how your policy manual is structured and what modules it includes.
Sources
- https://www.gov.mb.ca/labour/standards/index.html
- https://www.manitobahumanrights.ca/education-resources/resources/employment.html
Disclaimer
This article is for general HR compliance information only. It is not legal advice. Employers should review their workplace facts, contracts, collective agreements, human rights duties, privacy obligations, return-to-work procedures, workplace safety duties, and applicable jurisdiction before making policy decisions. Canada Policy Manual does not provide legal advice and does not replace professional legal counsel.
Key Takeaways
- Starting October 1, 2026, Manitoba employers may require a sick note only if the absence continues for more than one week, or the employee has been absent due to illness or injury on more than 10 scheduled workdays in the same calendar year.
- Bill 11, The Employment Standards Code Amendment Act (Sick Notes for Employee Absences), received Royal Assent on June 1, 2026 and comes into force 180 days later.
- The statutory language is 'more than one week' — not seven days or three days. Policies using lower thresholds must be updated before October 1, 2026.
- Part-day illness or injury absences may count as a full day toward the annual 10-scheduled-workday threshold.
- Employers must accept sick notes from a broad range of eligible health professionals, not only physicians.
- If an employer requires a sick note, the employer must reimburse the employee for any reasonable fee within 30 days of receiving evidence. Unpaid amounts are treated as wages owing.
- The new rule does not create a paid sick leave entitlement and does not restrict return-to-work, accommodation, or statutory leave documentation.
- Employers should update attendance tracking, manager training, and reimbursement procedures before October 1, 2026.
Disclaimer: This article is for general HR compliance information only. It is not legal advice. Employers should review their workplace facts, contracts, collective agreements, human rights duties, privacy obligations, return-to-work procedures, workplace safety duties, and applicable jurisdiction before making policy decisions. Canada Policy Manual does not provide legal advice and does not replace professional legal counsel.