The New Ontario Sick Note Law (October 28, 2024)
As of October 28, 2024, Ontario employers can no longer require employees to provide a certificate from a qualified health practitioner (doctor's note) when taking sick leave under the Employment Standards Act (ESA).
This change came through amendments to the ESA, 2000, and applies specifically to the 3 unpaid sick days all Ontario employees are entitled to annually.
What Changed
| Before Oct 28, 2024 | After Oct 28, 2024 |
|---------------------|---------------------|
| Employers could require a doctor's note for any sick day | Employers cannot require a doctor's note for ESA sick days |
| Employees had to pay $20-$80 for notes | No note required for basic ESA entitlement |
| Doctors spent time writing unnecessary notes | Doctors freed up for actual patient care |
| Employees went to work sick to avoid hassle | Employees can stay home and recover |
The Fine Print: When You STILL Need a Sick Note
The new law only covers the 3 ESA-protected sick days. You may still need a doctor's note if:
1. Your absence exceeds 3 days — Many employers have internal policies requiring documentation for absences beyond the ESA minimum
2. Your employment contract requires it — Collective agreements and employment contracts can still include sick note requirements for absences beyond ESA entitlements
3. You're applying for short-term disability — Insurance companies require medical documentation
4. You're requesting accommodation — Human Rights Code accommodations require supporting medical evidence
5. You're on extended leave — Leaves beyond ESA minimums (e.g., company-provided sick days) may still require documentation
What Employers CAN Still Ask
Even under the new rules, employers can:
- Ask you to confirm you're taking an ESA sick day
- Request a note for absences beyond the 3 ESA days
- Require documentation for disability accommodation requests
- Ask for a note if they have reasonable grounds to suspect abuse (though this is legally risky)
What Employers CANNOT Do
Under the amended ESA, employers cannot:
- Require a doctor's note for any of the 3 ESA sick days
- Require a "qualified health practitioner" certificate for ESA sick leave
- Penalize you for not providing a note when taking ESA sick leave
- Terminate or discipline you for refusing to provide a note for ESA days
When You Should Get a Sick Note Anyway
Even though it's not legally required for ESA days, there are situations where having a sick note is strategically smart:
1. Extended Absences (4+ Days)
If you're sick for more than 3 days, your employer CAN require documentation for the additional days. Having a note from day one makes this seamless.
2. Pattern of Absences
If you've had multiple absences and your employer is questioning them, a doctor's note provides protection against allegations of abuse.
3. Workplace Conflict
If your relationship with your manager is strained, documentation protects you from retaliatory discipline.
4. Return-to-Work Requirements
Some workplaces require medical clearance before returning, especially for safety-sensitive positions.
5. Insurance Claims
If you might claim short-term disability or EI sickness benefits, early documentation strengthens your case.
How MedLetter Helps Ontario Workers
Even with the new law, many Ontario workers still need sick notes for situations beyond the 3 ESA days. MedLetter provides:
- Official documentation from CPSO-registered physicians
- Same-day delivery — no waiting for a walk-in appointment
- $49 flat fee — cheaper than most walk-in clinics
- Available 7 days/week — including weekends when clinics are closed
- Online review required — complete a questionnaire from bed
Common Ontario Scenarios We Handle
| Scenario | ESA Note Required? | MedLetter Can Help? |
|----------|-------------------|---------------------|
| 1-day stomach flu | No (ESA day) | Yes, if you want documentation anyway |
| 4-day flu | Yes (day 4+) | Yes |
| Week off for mental health | Yes (beyond 3 days) | Yes |
| Surgery recovery (2 weeks) | Yes | Yes |
| Workplace accommodation request | Yes (different process) | Yes |
| EI sickness benefits application | Yes | Yes |
Ontario Employer FAQ
"My employer still asks for a note — is that legal?"
If it's for one of your 3 ESA sick days, no. You can politely inform them of the October 2024 amendment. If they persist, you can file a complaint with the Ontario Ministry of Labour.
"What if my company policy says I need a note?"
Company policies cannot override the ESA. If the policy requires a note for ESA-protected days, that portion of the policy is unenforceable.
"I work for a federally regulated employer — do these rules apply?"
No. Federal employees (banks, airlines, telecom, etc.) fall under the Canada Labour Code, which has different rules. Federal employees can be asked for a note after 5+ consecutive days.
"What about unionized workplaces?"
Collective agreements cannot reduce ESA minimums. However, if your CA provides MORE sick days than the ESA, the employer may require notes for those additional days.
Frequently Asked Questions
Can I get a sick note online in Canada?
Yes. Licensed Canadian physicians can assess patients through virtual consultations and issue legally valid sick notes accepted by employers across all provinces.
How much does an online sick note cost?
MedLetter charges a flat $49 for a sick note with same-day delivery. No hidden fees, no clinic wait times.
Will my employer accept an online sick note?
Yes. All Canadian provincial medical colleges recognize virtual care. Online sick notes are legally equivalent to in-person notes.
How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2-6 hours of submission. Same-day delivery is standard.
The Bottom Line
Ontario's 2024 law change is a win for workers — you no longer need a doctor's note for your 3 ESA sick days. But for anything beyond that, documentation is still important.
MedLetter is here for those times when you DO need a note — whether it's an extended absence, a return-to-work letter, or documentation for an insurance claim.