PEI's New Employment Standards Act: In Force June 30, 2026
After nearly two years of legislative process, Prince Edward Island's completely rewritten Employment Standards Act officially takes effect on June 30, 2026. This is the most significant overhaul of PEI labour law in decades, and it directly impacts when and how employers can request sick notes.
The Headline Change: Sick Notes Now Require 5 Days Absence
Under the old law (repealed June 30, 2026):
- Employers could request a sick note after 3 consecutive days absent
- Only physicians and nurse practitioners could issue valid notes
- No limit on how often employers could request documentation
Under the new law (in force June 30, 2026):
- Employers cannot request a sick note until 5 consecutive days absent
- Broader range of health professionals can issue valid documentation (pharmacists, physiotherapists, psychologists, and other regulated professionals)
- Sick notes must confirm: (a) the professional is authorized to diagnose, (b) the employee is their patient, and (c) the condition falls within their scope of practice
- Employers cannot require notes to disclose your specific diagnosis
What This Means for PEI Workers
If you're absent 1–4 days: Your employer has no legal right to demand a sick note. Period. If they have an internal policy requiring one, that policy may now conflict with the ESA — and the ESA takes precedence over company policy.
If you're absent 5+ days: Your employer can request documentation, but it can come from a broader range of health professionals — not just your family doctor (which matters enormously on PEI, where 30,000+ Islanders have no family doctor).
If you have a serious illness or injury: The new act creates a 27-week unpaid, job-protected medical leave — a provision that didn't exist before. This protects workers undergoing cancer treatment, surgery recovery, or other extended medical situations.
10 Key Changes Beyond Sick Notes
| Change | Old Law | New Law (June 30, 2026) |
|--------|---------|------------------------|
| Standard work week | 48 hours | 44 hours (overtime kicks in earlier) |
| Termination notice eligibility | After 6 months | After 90 days |
| Advance scheduling notice | None required | 1 week minimum |
| Vacation (3 weeks) | After 8 years | After 5 years |
| Complaint time limit | 1 year | 2 years |
| Unionized workers | Mostly exempt from ESA | Now covered by many provisions |
| Inspector enforcement | Limited | Can issue direct fines |
| Medical leave (serious) | Not available | 27 weeks job-protected |
| Sick note threshold | 3 days | 5 days |
| Who can issue notes | Physician/NP only | Broader health professionals |
How This Affects PEI Employers
If you're an employer or HR manager on PEI, you need to update your policies immediately:
1. Remove any policy requiring sick notes for absences under 5 days — this is now illegal under the ESA
2. Update your acceptable documentation list — you must now accept notes from pharmacists, physiotherapists, and other regulated professionals
3. Review your termination procedures — notice requirements now apply after 90 days, not 6 months
4. Audit your scheduling practices — 1 week advance notice is now mandatory
5. Train supervisors — they cannot ask "what's wrong with you?" or demand diagnosis details
Pattern Absences: The Grey Area
The new ESA still allows employers to address pattern absences (e.g., always sick on Fridays or after long weekends). However, they must:
- Provide written notice that they're tracking a pattern
- Document the pattern before requesting medical evidence
- Still cannot require diagnosis disclosure
Why Online Sick Notes Still Matter Under the New Law
Even though the threshold rose to 5 days, there are still many situations where PEI workers need documentation:
- Employer internal policies (which may still request notes for shorter absences as a courtesy — though they can't enforce it legally)
- Absences of 5+ days where documentation IS legally required
- EI sickness benefits applications (still require medical documentation regardless of ESA)
- University/college exam deferrals (academic institutions have their own rules separate from employment law)
- Insurance claims (short-term disability, workers' comp)
- The 27-week medical leave (requires medical evidence to initiate)
MedLetter and the New PEI ESA
MedLetter's physician-reviewed sick notes remain fully valid under the new ESA. Our notes are issued by CPSPEI-registered physicians — the gold standard that satisfies both the old and new requirements. For workers who need documentation for 5+ day absences, EI claims, or academic purposes, same-day online delivery means no waiting at Charlottetown's overwhelmed walk-in clinics.
$49 flat fee. Same-day delivery. Valid under PEI's new Employment Standards Act.
Related: [PEI Sick Leave Rights](/blog/pei-sick-leave-rights-employment-standards-2026) | [Can Employer Require Sick Note PEI](/blog/can-employer-require-sick-note-pei) | [Sick Note Cost PEI 2026](/blog/sick-note-cost-pei-2026)
Frequently Asked Questions
Can I get a sick note online in PEI?
Yes. Licensed physicians provide virtual consultations and issue valid sick notes for PEI residents.
Will my PEI employer accept an online sick note?
Yes. All PEI employers must accept sick notes from licensed physicians, whether issued in person or through virtual care.
How fast can I get a sick note in PEI?
Online services deliver most sick notes within 2-6 hours.
How many sick days do PEI employees get?
PEI provides 3 unpaid sick days per year under the Employment Standards Act after 3 months of employment.