Can My Employer Refuse My Sick Note? What Canadian Law Says

You got a sick note from a doctor, submitted it to your employer, and they rejected it. Can they do that? Here's what Canadian law says about employer refusal of medical documentation.

Can My Employer Refuse My Sick Note?

You did everything right: you called in sick, saw a doctor (or used an online service), got a legitimate sick note, and submitted it to your employer. Then they said it wasn't acceptable.

Can they do that? In most cases, no. But there are limited circumstances where an employer can question medical documentation.

When an Employer CANNOT Refuse Your Note

Your employer cannot reject your sick note if:

  • It's from a provincially-registered physician (CPSA, CPSO, CPSBC, etc.)

  • It contains the standard required information (physician name, registration number, dates, signature)

  • It confirms your inability to work during the stated period

  • It was obtained through a legitimate medical assessment (in-person, phone, video, or written)


Specifically, they cannot refuse because:
  • The note is from a walk-in clinic (not your family doctor)

  • The note is from an online/virtual service

  • The note doesn't include your diagnosis

  • The note is "too brief"

  • They "don't trust" the physician

  • The note was obtained after your absence (retroactive)


When an Employer MAY Question Your Note

There are limited circumstances where an employer can raise concerns:

| Situation | Employer's Right |
|---|---|
| Note is clearly fraudulent (fake physician, wrong dates) | Can investigate and potentially discipline |
| Note doesn't contain required information | Can ask you to get a more complete note |
| Note is from an unregistered practitioner | Can request one from a registered physician |
| Extended absence (weeks/months) | Can request an independent medical examination (IME) |
| Accommodation request | Can request more detail about functional limitations |
| Pattern of suspicious absences | Can request a second opinion (at their cost) |

The Independent Medical Examination (IME)

For extended absences or accommodation requests, employers may request an IME:

  • Who pays: The employer pays for the IME

  • Who chooses the doctor: The employer selects the physician

  • Your rights: You can have someone accompany you; you receive a copy of the report

  • When it's appropriate: Extended leaves, return-to-work disputes, accommodation disagreements

  • When it's NOT appropriate: Simple 1-3 day sick notes


What to Do If Your Note Is Refused

Step 1: Ask for the reason in writing. "Can you please explain in writing why my sick note is not being accepted?"

Step 2: Review the stated reason. Is it legitimate (missing information) or illegitimate (they don't accept online notes)?

Step 3: If the reason is illegitimate:

  • Cite the relevant law (provincial employment standards, medical college recognition of virtual care)

  • Put your response in writing (email)

  • Contact your union representative (if applicable)

  • File a complaint with your provincial employment standards office


Step 4: If the reason is legitimate:
  • Get a more complete note (add missing information)

  • Have the physician reissue with the required details


Common Illegitimate Refusal Reasons

"We don't accept online sick notes."
This is not a valid reason. Provincial medical colleges recognize virtual care. There is no legal basis for distinguishing between in-person and online assessments.

"We need a note from YOUR doctor."
Unless your employment contract specifically requires this (rare), you can get a note from any registered physician.

"The note doesn't say what's wrong with you."
Your employer is NOT entitled to your diagnosis. A note confirming inability to work is sufficient.

"You got the note after you were already better."
Retroactive medical assessments are legitimate medical practice. A physician can provide documentation for past illness.

"This note is too short / not detailed enough."
A sick note only needs: physician name, registration number, date of assessment, period of absence, and signature. It doesn't need to be a medical essay.

Your Privacy Rights

Under provincial privacy legislation (PHIPA in Ontario, PIPA in BC, HIA in Alberta):

  • Your employer cannot demand diagnostic information

  • Your employer cannot contact your physician without written consent

  • Medical information you provide must be kept confidential

  • Only HR/management should see your sick note (not coworkers)


Frequently Asked Questions

Can my employer verify my sick note with the doctor?
Only with your written consent. Calling your doctor without permission violates privacy law.

Can my employer require a second opinion?
For short absences (1-5 days), generally no. For extended leaves or accommodation requests, they may request an IME at their expense.

What if my employer fires me for a disputed sick note?
This could constitute wrongful dismissal. Consult an employment lawyer. You may also file a complaint with your provincial employment standards office.

Can my employer keep a record of my sick notes?
Yes, but the information must be kept confidential, stored securely, and only accessed by authorized personnel (typically HR).

Sources

  • Provincial Employment Standards Acts

  • Provincial Privacy Legislation (PHIPA, PIPA, HIA, FIPPA)

  • Canadian Human Rights Commission — Medical Information in the Workplace

  • Canadian Medical Protective Association — Third-Party Reports