3rd Session, 43rd Legislature

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Bill 11

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (SICK NOTES FOR EMPLOYEE ABSENCES)

(Assented to                                         )

HIS 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   Clause 22(2)(b) is amended by adding "injured or" before "ill".

3   The following is added after Division 8 of Part 2:

DIVISION 8.1
SICK NOTES

Definitions

51.1   The following definitions apply in this Division.

"health professional" means a person who is entitled to provide health care under the laws of the jurisdiction in which care is provided. (« professionnel de la santé »)

"sick note" means a certificate, letter or other document that is issued by a health professional for the purpose of verifying that an employee cannot or should not attend work on a short-term basis because of the employee's injury or illness. (« attestation médicale »)

When sick note may be required

51.2(1)   An employer must not require an employee to provide a sick note in respect of an absence from work because of injury or illness unless

(a) the absence continues for a period of more than one week; or

(b) the employee, prior to or as a result of the absence, has been absent from work because of injury or illness on more than 10 scheduled workdays in that calendar year.

Absence for part day

51.2(2)   If an employee is absent from work because of injury or illness for any part of a day, the employer may count that day as a day of absence for the purpose of clause (1)(b).

Who may provide sick note

51.2(3)   An employer who requires an employee to provide a sick note must allow the employee to obtain the sick note from any of the following health professionals who has provided care to the employee in respect of the injury or illness that caused the absence:

(a) a physician, physician assistant or clinical assistant registered under The Regulated Health Professions Act;

(b) a registered nurse, nurse practitioner or registered psychiatric nurse registered under The Regulated Health Professions Act, or a licensed practical nurse registered under The Licensed Practical Nurses Act;

(c) a psychologist registered under The Psychologists Registration Act;

(d) a midwife registered under The Midwifery Act;

(e) if the care is provided in a jurisdiction outside of Manitoba, a health professional who is entitled under the laws of that jurisdiction to practise a health profession that is equivalent to a health profession that may be practised by a person referred to in any of clauses (a) to (d);

(f) a member of a prescribed class of health professionals.

Other documents not affected

51.2(4)   For certainty, this section does not affect an employer's ability to require an employee to provide

(a) a certificate from a physician or midwife as provided for under Division 9 (leaves of absence); or

(b) a certificate, letter or other document from a health professional for the purpose of verifying that the employee is fit to return to work after an absence.

Reimbursement for sick note

51.3(1)   An employer who requires an employee to provide a sick note must reimburse the employee for any reasonable amount that the health professional charges the employee for providing the sick note.

Evidence

51.3(2)   An employee who seeks to be reimbursed must provide the employer with evidence of their entitlement to reimbursement within 30 days after obtaining the sick note.

Timing of reimbursement

51.3(3)   The employer must reimburse the employee within 30 days after the employee provides the evidence under subsection (2).

Unpaid amount considered wages

51.3(4)   If reimbursement is not made within the required time period, the unpaid amount is deemed to be a wage owing by the employer to the employee. The employee may, within six months after the deadline for reimbursement, file a complaint under section 92.

4   Section 52 is replaced with the following:

Definitions

52   The following definitions apply in sections 53 to 57.1.

"date of delivery" means the date when the pregnancy of an employee terminates with the birth of a child. (« date d'accouchement »)

"midwife" means a midwife who provides care to a pregnant employee and who is entitled to practise midwifery under the laws of the jurisdiction in which the care is provided. (« sage-femme »)

"physician" means a physician who provides care to a pregnant employee and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. (« médecin »)

5   Section 54 and subsection 55(1) are amended by striking out "medical certificate" wherever it occurs and substituting "certificate issued by a physician or midwife".

6   Subsection 59.3(2) is amended by adding ", but must not require the employee to provide a sick note contrary to Division 8.1" at the end.

7(1)   The following is added after subsection 59.6(1):

Meaning of "physician's certificate"

59.6(1.1)   In this section, "physician's certificate" means a certificate issued by a physician who has provided care to an employee donating an organ and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided.

7(2)   Subsections 59.6(3) to (5) and (8) are amended by striking out "medical certificate" wherever it occurs and substituting "physician's certificate".

8   Subsection 59.12(4) is amended by adding "The employer must not require the employee to provide a sick note contrary to Division 8.1." at the end.

9   Subsection 60(3.1) is repealed.

10   Subsection 92(1) is amended by renumbering clause (a.1) as clause (a.2) and adding the following before clause (a.2):

(a.1) subsection 51.3(4) (sick note reimbursement);

11   Subsection 144(1) is amended

(a) by adding the following after clause (o):

(o.0.1) respecting sick notes, including

(i) prescribing classes of health professionals for the purpose of clause 51.2(3)(f), and

(ii) respecting reimbursement for sick notes under section 51.3;

(b) by repealing clause (o.2.5).

Coming into force

12   This Act comes into force 180 days after the day it receives royal assent.