Manitoba (Canada) introduces new limits on employer sick note requests

At a glance

• Effective 1 October 2026, amendments to The Employment Standards Code in Manitoba will restrict when employers can require employees to provide sick notes. 

• Employers may only request a sick note where the employee's absence exceeds seven consecutive days, or where the employee has been absent due to illness or injury for more than ten scheduled workdays in the same calendar year. 

• Employers that require a sick note must reimburse the employee for any reasonable cost charged by the health professional who provided it. Failure to reimburse on time means the unpaid amount is treated as wages owed under The Employment Standards Code. 

• The amendments also expand the range of health professionals who may provide acceptable medical documentation, including physician assistants, nurses, nurse practitioners, psychologists and midwives. 

Background

Manitoba has amended The Employment Standards Code to place new restrictions on employer sick note requests. The amendments are intended to reduce unnecessary visits to health care providers while preserving an employer's ability to verify prolonged or frequent absences. 

Key changes

Under the new rules, an employer may only require a sick note in two circumstances: first, where the employee's absence continues for more than seven consecutive days; and second, where the employee has been absent due to illness or injury for more than ten scheduled workdays in the same calendar year. Partial days of absence may count towards the ten-day threshold. 

Where a sick note is properly required, the employer must reimburse the employee for any reasonable amount charged by the health professional. Employees must provide proof of the expense within 30 days, and the employer must reimburse within 30 days of receiving that proof. If reimbursement is not made on time, the outstanding amount is treated as wages owed under The Employment Standards Code. 

What employers should do now

With the new requirements approaching, Manitoba employers should review their attendance management policies for compliance. In particular, they should update policies requiring a sick note for every illness-related absence, train managers on the new restrictions, establish a process to track such absences throughout the calendar year, and create a procedure to reimburse employees when a sick note is properly requested.