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5th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 202

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (SICK NOTES)


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

WHEREAS requiring employees to obtain sick notes from doctors can take up doctors' valuable time and place an unnecessary financial burden on the health care system;

AND WHEREAS it is often desirable that employees with infectious diseases stay at home to recover and not attend a doctor's office where they can infect others;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E110 amended

1           The Employment Standards Code is amended by this Act.

2           The following is added after section 51:

DIVISION 8.1

SICK NOTES

Meaning of "sick note"

51.1        In this Division, "sick note" means a certificate of a health professional stating that an employee is unable to work because of injury or illness.

When sick note may be required

51.2(1)     Subject to subsection (4), an employer must not require an employee to provide a sick note in relation to an absence from work unless

(a) during the 12 months preceding the absence, the employee has been absent from work because of illness or injury for more than 7 days; or

(b) there is a noticeable pattern to the employee's absences from work that reasonably creates doubt that the absences are the result of illness or injury.

Who may provide a sick note

51.2(2)     Whenever an employer requires an employee to provide a sick note, it may be provided by a health professional who is a doctor, nurse practitioner, nurse or pharmacist providing care to the employee.

Employer to pay cost of note

51.2(3)     When a sick note is required and there has been no noticeable pattern to the employee's absences from work, the employer must reimburse the employee for any charge made by the health professional who provides the note.

Conflict with other provisions of this Code

51.2(4)     This section does not affect the application to an employee of another provision of this Code that requires the employee to provide a physician's certificate or medical certificate to his or her employer for the purpose of the provision.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill prohibits employers from requiring an employee to provide a sick note unless the employee has taken more than seven days of sick leave in the preceding twelve months or there is a suspicious pattern to the employee's absences.

When a sick note is required, it may be provided by a doctor, nurse practitioner, nurse or pharmacist.