Sick of sick notes: Manitoba is latest jurisdiction to curtail requests for doctors’ notes

At a glance

• Manitoba has amended its Employment Standards Code to restrict when employers can require medical notes for employee absences, with changes coming into force on 1 October 2026.
• Employers will generally no longer be permitted to request sick notes for short-term absences, except where an absence exceeds one week or where cumulative absences due to illness reach more than ten scheduled workdays in a year.
• The amendments expand the range of acceptable health professionals whose notes must be recognised, moving beyond the traditional 'physician’s note' model.
• Where a medical note is validly requested, employers must reimburse the employee for the cost, subject to defined timelines for submission and payment.
• The reforms reflect a broader trend across Canada to reduce reliance on sick notes, requiring employers to adapt absence management practices accordingly.

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Manitoba has now amended its Employment Standards Code to limit when employers can require medical notes for employee absences. The amendments received Royal Assent on 1 June 2026 and will come into force on 1 October 2026.

These changes place Manitoba within a national trend away from the use of sick notes for short-term illness and toward a more limited, structured approach.

When sick notes may still be required

Pursuant to the amendments, employers may not require employees to provide sick notes to support an absence due to illness or injury. Exceptions are limited and defined:

• where the absence continues for more than one week; or
• where the employee has been absent for more than ten scheduled workdays in a calendar year due to illness or injury.

Importantly, the legislation preserves other existing pathways for obtaining medical information in the employment context, such as documentation required for statutory leaves, information to assess fitness to return to work, and accommodation.

The effect is not to eliminate medical documentation entirely, but to confine its use.

Expanded list of permissible health professionals

Pursuant to the amendments, an employer must accept a note from any regulated health professional who provided care to the employee for the illness or injury underlying the absence.

The statute sets out a broad, non‑exhaustive list, including:

• Physicians, physician assistants, and clinical assistants.
• Registered nurses, nurse practitioners, psychiatric nurses, and licensed practical nurses.
• Psychologists.
• Midwives.
• Equivalent professionals in other jurisdictions.
• Any additional prescribed class of health professionals.

This represents a meaningful expansion beyond the traditional 'physician’s note' model.

Clear responsibility for payment

Where a note is validly requested, employers must reimburse the employee for the cost of obtaining it. Employees have 30 days to provide a receipt for reimbursement; employers have 30 days to reimburse the employee.

Consistency with developments in other jurisdictions

Manitoba’s approach aligns with similar legislative changes across Canada. We have previously written about similar changes in British Columbia and Ontario. The rationale for the shift is to reduce the burden on health care professionals, given the relatively minimal value of medical notes to support brief absences from work.

Without routine documentation, employers will need to rely more heavily on management oversight, including noting frequency, timing, and duration of absences.

To ensure compliance, employers are encouraged to review their policies and practices on obtaining proof of illness from employees, and should be ready to implement by no later than 1 October 2026.

For further information, please contact any member of the DLA Piper Canadian Employment and Labour Law Service Group listed here.