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

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 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. 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. 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 respo