The End of Sick Notes? How Saskatchewan and BC Are Changing Employer Expectations

Saskatchewan and BC now restrict when employers can demand medical notes for short absences. Here's what employers can and cannot require — and how to update your workplace absence policies.

The Sick Note Is Losing Its Grip on Canadian Workplaces

For decades, the employer's first response to a sick employee calling in was predictable: "Bring a doctor's note." That expectation is now being challenged by legislation in Western Canada — and the shift has real implications for how employers manage short-term absences.

Saskatchewan and British Columbia have both enacted rules that restrict when employers can demand a medical certificate (commonly called a "sick note" or "doctor's note") for short-term health-related absences. The intent is straightforward: reduce unnecessary visits to already-strained medical clinics, save employees the cost and inconvenience of obtaining a note for minor illnesses, and redirect healthcare resources to patients who actually need medical attention.

But for employers, the change requires more than a policy update. It requires rethinking how absence management works when you can no longer default to "get a note."

Saskatchewan's Sick Note Rules: What Changed

Saskatchewan now limits when an employer can require a medical note for sick leave absences. The key rules are:

Five-day threshold: Employers generally cannot require a medical certificate unless the absence extends beyond five consecutive working days.
Repeated-absence exception: Employers may request a medical note for shorter absences if the employee has had two or more non-consecutive absences of two or more working days due to sickness or injury in the preceding 12 months. The request must be made in writing.
Written request requirement: Any request for a medical certificate must be made in writing. Verbal demands are not sufficient to create an obligation on the employee.

What this means practically: If an employee calls in sick on Monday and returns on Wednesday (two days absent), the employer cannot require a doctor's note. If the employee is absent for six consecutive working days, the employer may request one. If the employee has called in sick every Monday for the past month, the employer may request a note for the pattern of absences — but must do so in writing.

The legislation recognizes that employers have a legitimate interest in managing attendance, but balances that interest against the healthcare system's capacity and the employee's dignity.

Sources

https://www.saskatchewan.ca/business/employment-standards

British Columbia's Approach: Sick Notes Not Required for Short-Term Leave

British Columbia's Employment Standards Act provides employees with up to 5 paid days and 3 unpaid days of illness or injury leave per year — a total of 8 days. The paid days are available to employees who have been employed for at least 90 days.

The sick-note restriction — what it actually says:

BC does not impose a blanket ban on employers requesting medical documentation. The rule is narrower and more specific than commonly described:

For the first two absences of five days or fewer in a calendar year, employers cannot require a note from a specified health practitioner (physician, nurse practitioner, etc.) as a condition of taking the statutory leave.
After those first two short absences, or for absences exceeding five days, the employer may request "reasonably sufficient proof" that the employee is entitled to the leave. This could include a medical certificate, but the proof must be reasonable in the circumstances.

When employers may still request medical documentation:

Return-to-work fitness: If there is a legitimate concern about whether the employee is fit to safely perform their duties — particularly in safety-sensitive positions — the employer may request medical clearance before allowing the employee to return.
Accommodation needs: If the employee's absence is related to a disability or ongoing medical condition, the employer may need functional abilities information to fulfill its duty to accommodate under human rights legislation.
Extended absences: For absences that extend beyond the statutory entitlement or involve long-term illness leave, medical documentation requirements are generally more permissive for employers.

The key distinction: BC restricts the demand for health-practitioner notes for short, infrequent absences. It does not eliminate the employer's ability to manage attendance or request proof for longer or repeated absences.

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Why This Matters: The Healthcare System Argument

The policy rationale behind these changes is partly about employment rights and partly about healthcare system efficiency. Across Canada, family physicians and walk-in clinics have reported significant appointment volumes driven by employer-mandated sick notes for routine, short-term illnesses — colds, stomach bugs, migraines.

Medical associations in multiple provinces have publicly advocated for restricting employer sick-note demands, arguing that:

A physician cannot meaningfully verify that a patient was sick two days ago — by the time the patient visits, the illness has often resolved.
Sick-note appointments consume time that could be used for patients with genuine medical needs.
The cost of a sick-note visit (both to the healthcare system and to the employee, who may pay out-of-pocket fees for a note not covered by provincial health insurance) is disproportionate to the benefit.

Saskatchewan and BC are responding to these concerns legislatively. Other provinces may follow — this is a trend to watch, not an isolated experiment.

How to Update Your Absence Management Policy

If you operate in Saskatchewan, BC, or both, your current absence management policy likely needs updating. Here is a practical framework:

Remove blanket sick-note requirements: If your policy states that a doctor's note is required for any absence, regardless of duration, it no longer complies with Saskatchewan or BC law. Replace it with a policy that specifies the circumstances under which medical documentation may be requested.
Define clear thresholds:
- In Saskatchewan: Medical notes may be requested after five consecutive working days, or if the employee has had two or more non-consecutive absences of two or more working days in the preceding 12 months (request must be in writing).
- In BC: Employers cannot require a health-practitioner sick note for the first two health-related absences of 5 days or fewer in a calendar year. After that, an employer may request reasonably sufficient proof, and what is reasonable depends on the circumstances. Notes may also be requested for return-to-work fitness assessments or accommodation purposes.
Train supervisors and managers: Front-line managers are the most likely to make a reflexive "bring a note" demand. Ensure they understand the new rules and can distinguish between situations where a note is permissible and situations where it is not.
Document your requests in writing (Saskatchewan): Any request for a medical note in Saskatchewan must be in writing. Build this into your HR process — a verbal request from a supervisor is not sufficient.
Shift to trust-based absence management: Consider this an opportunity to modernize. Many employers are moving toward self-certification for short absences (the employee confirms in writing or via an HR system that they were unwell) combined with return-to-work conversations for longer absences. This approach is legally compliant, administratively simpler, and generally better received by employees.
Maintain your right to address abuse: Restricting sick-note demands does not mean employers must accept attendance abuse without recourse. If an employee has a pattern of unexplained absences, employers can still address performance and attendance through progressive discipline — provided the absences are not related to a protected ground under human rights legislation.

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What About Other Provinces?

As of early 2026, Saskatchewan and BC have the most explicit statutory restrictions on employer sick-note demands. However, the trend is broader:

Ontario: Since October 28, 2024, employers cannot require a medical note for the 3 unpaid sick days provided under the Employment Standards Act, 2000. This is a straightforward prohibition — no note can be required for ESA sick leave, regardless of the length of the absence within the 3-day entitlement.
Federal: The Canada Labour Code provides federally regulated employees with up to 10 days of medical leave per year (with three paid after 30 days of employment). Employers may request a medical certificate only if the absence is five or more consecutive days.
Other provinces: Most other provinces have not enacted specific sick-note restrictions, but the practical and healthcare-system arguments apply everywhere. Employers in any province should consider whether their sick-note policies are genuinely necessary or simply legacy practices.

The direction of travel is clear: Canadian employment standards are moving toward limiting employer authority over routine medical absences. Employers who get ahead of this trend will have simpler policies, better employee relations, and no compliance gaps when their province inevitably follows suit.

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Keep Your Policies Current Across Every Province

Sick-note rules are one example of how provincial employment standards can change quickly — and how multi-province employers can find themselves out of compliance in one jurisdiction while fully compliant in another.

Canada Policy Manual generates jurisdiction-specific policy manuals that reflect current absence management rules, sick-note restrictions, and leave entitlements for each province. When a province changes its rules, your manual is updated to match.

Explore subscription options or download a free policy to see how we handle province-specific compliance.

Key Takeaways

Related employer resources

HR compliance checklist — Review the core policy and documentation areas for your jurisdiction.
Free workplace policy templates — Browse practical policy resources organized by Canadian jurisdiction.
Canadian employment law glossary — Check a plain-language explanation of common workplace-law terms.
British Columbia employer guide — Review the jurisdiction page, key statutes and connected employer resources.
Attendance, sick leave and vacation: employer resource hub — Organize absence reporting, vacation requests and leave questions using relevant guides and practical tools.