Working for Workers Act: How It Changed Sick Note Rules in Ontario

The Working for Workers Act: A Game-Changer for Ontario Employees

The Working for Workers Act (Bill 27 and subsequent amendments) introduced significant protections for Ontario employees regarding sick notes. Here's everything you need to know.

Key Changes to Sick Note Requirements

Before the Act:

• Employers could require a sick note for any absence


• Employees had to pay out-of-pocket for notes


• No minimum paid sick days were mandated

• Employers cannot require a medical note for the first 3 sick days


• Employees receive 3 paid sick days per year


• Additional protections for gig workers and temporary employees

What the Law Actually Says

Under the amended ESA, Section 50:
> "No employer shall require an employee to provide a certificate from a qualified health practitioner as evidence of entitlement to a leave of absence under this section for a period of three days or less."

This means:
1. Your employer cannot ask for a sick note for absences of 3 days or less
2. You don't need to disclose your diagnosis
3. You're entitled to 3 paid sick days annually
4. These protections apply to all Ontario employees covered by the ESA

When Employers CAN Still Request Documentation

The Act doesn't eliminate all sick note requirements:

• Absences exceeding 3 consecutive days


• When workplace policy (pre-dating the Act) requires it for extended absences


• Short-term disability claims


• Return-to-work assessments after serious illness


• Workplace accommodation requests under the Human Rights Code

Industries Most Affected

The Act particularly impacts:

• Retail and hospitality — Previously required notes for any absence


• Manufacturing — Shift-based work with strict attendance policies


• Healthcare — Ironically, healthcare workers were most affected by sick note requirements


• Gig economy — New protections for app-based workers

What to Do If Your Employer Violates the Act

If your employer requires a sick note for a protected absence:
1. Politely remind them of the ESA requirements
2. Document the request in writing
3. File a complaint with the Ontario Ministry of Labour if necessary
4. Contact the Ontario Employment Standards Information Centre: 1-800-531-5551

When You DO Need a Sick Note

For absences beyond 3 days, you'll still need documentation. MedLetter provides same day sick notes from CPSO-registered physicians, delivered in same day. No clinic visit required.

What Employers Need to Know

Canadian employment law balances employer interests with employee privacy:

• Employers can request confirmation of illness but not specific diagnoses


• The note should state: dates of absence, that the employee was/is unfit for duties, and expected return date


• Employers cannot contact the physician directly without employee consent


• Requiring a note for every single-day absence may constitute harassment in some jurisdictions

Cost Considerations for Employers

• Walk-in clinic notes cost employees $20-50 and require 2-4 hours away from work


• Virtual sick notes reduce time away from work to minutes


• Some employers reimburse sick note costs as a best practice


• The cost of replacing a sick employee for a day far exceeds the cost of documentation

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.