Ontario Employer Guide: Creating a Fair Sick Note Policy (2026)
Ontario employers need to balance documentation needs with the Working for Workers Act restrictions. Here's how to create a compliant policy.
## Ontario Employer Guide: Creating a Fair Sick Note Policy
As an Ontario employer, the Working for Workers Act has changed what you can require from employees regarding sick notes. Here's how to stay compliant.
### What Ontario Law Says (2026)
**You CANNOT:**
- Require a medical certificate for the 3 ESA sick days
- Require a note from a specific type of practitioner
- Ask for a specific diagnosis
- Contact an employee's doctor without consent
- Penalize employees for using their legal sick day entitlements
**You CAN:**
- Request a note for absences beyond the 3 ESA days (if in your policy)
- Ask for confirmation of inability to work
- Request an estimated return date
- Require a fitness-to-return note for safety-sensitive roles
- Have a policy requiring notes for paid sick days you provide above the ESA minimum
### The Working for Workers Act Impact
The Working for Workers Act specifically:
- Prohibits requiring a medical certificate for ESA sick days
- Limits the type of evidence employers can demand
- Protects employees from retaliation for using sick leave
### Should You Accept MedLetter Notes?
**Yes.** MedLetter notes are issued by CPSO-registered physicians following a clinical assessment. They are legally equivalent to notes from any other licensed physician in Ontario.
### Best Practices for 2026
1. **Accept online/virtual sick notes** — CPSO recognizes virtual care as legitimate
2. **Be consistent** — Apply your policy equally to all employees
3. **Document your policy** — Put it in writing and ensure all employees have access
4. **Consider reimbursement** — Reimburse sick note costs as a goodwill gesture
**Learn more about MedLetter for employers — [Contact us](/contact)**