Ontario Employer's Guide to Sick Note Policies (ESA Compliant)

Creating an ESA-Compliant Sick Note Policy in Ontario

As an Ontario employer, navigating sick note requirements can be complex. The Working for Workers Act changed the rules, and non-compliance can result in Ministry of Labour complaints and human rights claims.

What Ontario Employers CANNOT Do

Under the current ESA:
1. Cannot require a note for the first 3 sick days per year
2. Cannot ask for a specific diagnosis — only functional limitations
3. Cannot penalize employees for using protected sick days
4. Cannot require notes from a specific provider — any CPSO-registered physician is valid
5. Cannot refuse online/virtual sick notes — they're legally equivalent to in-person notes

What Ontario Employers CAN Do

1. Require notes for absences exceeding 3 days
2. Implement attendance management programs (with proper documentation)
3. Request return to work clearance after extended illness
4. Require accommodation documentation for modified duties
5. Set reasonable timelines for providing documentation (e.g., within 5 business days)

Best Practices for Ontario Employers

DO:

• Accept sick notes from any CPSO-registered physician (including online services)


• Keep medical documentation separate from personnel files (PHIPA compliance)


• Apply policies consistently across all employees


• Reimburse sick note costs when you require them


• Train managers on ESA requirements

• Ask employees "what's wrong with you?"


• Require notes for single-day absences within the 3-day ESA protection


• Share medical information with other employees


• Use sick note requirements as a punitive measure


• Refuse notes because they came from an online service

Sample ESA-Compliant Policy Language

> "Employees who are absent due to illness for more than three (3) consecutive working days may be required to provide medical documentation from a regulated health professional confirming their inability to work and expected return date. The Company will reimburse reasonable costs associated with obtaining such documentation."

Cost Considerations for Employers

Requiring sick notes costs your organization:

• Employee productivity loss (3-4 hours to obtain a note)


• Potential reimbursement costs ($20-50 per note)


• Administrative time processing and filing notes


• Risk of Ministry of Labour complaints ($50,000+ potential fines)

Accepting Online Sick Notes

Online sick notes from services like MedLetter are:

• Issued by CPSO-registered physicians


• Legally equivalent to in-person notes


• Faster for employees (less time away from work)


• Properly formatted for employer records


• Compliant with all Ontario regulations

Frequently Asked Questions

Can I get a sick note online in Ontario?
Yes. CPSO-licensed physicians can assess patients through virtual consultations and issue legally valid sick notes accepted by all Ontario employers.

How much does an online sick note cost in Ontario?
MedLetter charges a flat $49 for a sick note with same-day delivery. This includes the physician assessment and official documentation.

Will my Ontario employer accept an online sick note?
Yes. The College of Physicians and Surgeons of Ontario recognizes 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.