Are Doctor’s Notes Still Required in Ontario Employment Law?

Ontario Rules about Doctor’s Notes & Employee Rights

Written by: Sezar Bune, J.D. | Toronto Employment Lawyer

Date Revised: January 15, 2026

Quick Summary

• In Ontario, employees can take up to 3 days of unpaid, job-protected sick leave per year. This means while an employer may not be required to pay their wages, they have a right to return to their job. 

• Employers may request a doctor’s note to confirm the duration of illness, but cannot ask for a diagnosis to respect an employee’s right to privacy and human rights.

• Doctor’s notes may be requested if an absence is prolonged or workplace accommodations are needed.

• Employees who are asked to provide significantly intrusive medical information (such as through a “medical note”) should seek the advice of an employment lawyer to protect their legal rights and interests.

What is a Doctor’s Note?

A doctor’s note (traditionally referred to as a medical note) is an official document from a licensed health professional confirming that an employee is medically unwell and requires time off work. It is not required for short absences, but it can help protect an employee’s rights under employment law.

Under the Employment Standards Act, 2000 (“ESA“) employees (who are not unionized) are entitled to up to three unpaid sick days per calendar year. To qualify, the employee must have worked for the employer for at least two consecutive weeks. If an employee takes partial sick leave in a day, they are entitled to receive any wages earned during the time they worked.

If Required, What Should Be Included in a Doctor’s Note?

Employers cannot demand an employee’s medical diagnosis, but a doctor’s note can reasonably include:

• The expected duration of an employee’s illness or disability

• The date of the medical consultation

• Confirmation of whether the employee was examined in person

This ensures that employers have enough information to manage absences without infringing on dignity and privacy.

Can Employers Force Employees to Provide a Doctor’s Note?

Yes, but only under certain conditions. Ontario employees have a right to medical privacy, so an employer can request a doctor’s note only if it is reasonable and necessary, such as:

• The employee is unable to attend work due to illness

• The employee needs workplace accommodations for a health condition

The employer may request confirmation of:

• How long the absence is expected to last

• When the employee was seen by a healthcare professional

• Whether the employee was examined in person

Employers cannot request details about the diagnosis or treatment, and the information must be relevant to the absence.

Additionally, rather than a doctor’s note, employers will have the option to use other resources for an employee to support job-protected sick leave, such as attestations, that will help maintain accountability as employees request time off sick. 

Can an Employee Refuse to Provide a Doctor’s Note? What Happens if They Do? 

Generally speaking, employees may refuse a doctor’s note if an employer’s request is unreasonable. For example, a one-day absence for a minor medical appointment usually does not justify a doctor’s note.

On the other hand, longer absences or requests for workplace accommodation may make a doctor’s note reasonable.

During a job-protected leave of absence (sick leave) supported by a doctor’s note is entitled to the same legal rights as employees who take pregnancy or parental leave. For example, employers cannot threaten, fire, or penalize in any way an employee who takes or plans on taking a sick leave. If they do, an employee may be able to pursue a wrongful dismissal claim with the help of an Ontario wrongful dismissal lawyer, or a constructive dismissal claim with the help of an Ontario constructive dismissal lawyer, and in each case, negotiate a severance package 

Additionally, while an employer cannot legally force an employee to provide medical information, it may be more beneficial for an employee to provide a sick note if they are requesting workplace accommodation for a health issue or disability, or if they intend to rely on their job-protected leave of absence under the Ontario Employment Standards Act, 2000.

If an employer violates these rights, employees may have grounds for wrongful dismissal lawyer or constructive dismissal lawyer in Ontario.

Expert Insight: How I’ve Encountered Employers Requiring Doctor’s Notes

Employers should ensure that any request for a doctor’s note is reasonable, job-related, and time-specific. Apart from complying with their requirements under the ESA, employers must be mindful of their obligations under the Human Rights Code, including not to discriminate against an employee on the basis of health issues (referred to the ground of “disability”), as well as to provide workplace accommodation. 

Likewise, employees should understand their requirements (in certain circumstances) to provide supporting medical documentation, including when seeking workplace accommodations for disabilities. However, it is important to keep in mind that this requirement is balanced with an employee’s right to expect some level of privacy.

Unfortunately, as an employment lawyer, I have often assisted employees who were forced to fill out “standard” questionnaires under the guise of “functional abilities forms” requiring the employee to divulge highly sensitive personal medical information, which is generally completely unnecessary.

To take one example, in a recent case, one of my clients was asked to disclose the specific nature of their medical issues, prognosis and type of medical treatment they were undergoing – all in the context of requiring workplace accommodation. As a result significant changes to the employee’s job, including workplace harassment and a hostile work environment, we pursued a constructive dismissal case, where we were forced to address this issue as a blatant overreach by the employer.

Ultimately, in that particular case, we were able to resolve this case during litigation to our client’s favour, but it serves as an important reminder for employees to immediately seek legal advice from an employment lawyer when feeling uncertain about an employer’s request for doctor’s notes.

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