Article2026 | 05 | 12

Restrictions Upcoming to Sick Note Requirements in Manitoba

Most employers have policies, practices or collective agreement language that say when sick notes may be required to verify an absence from work for medical reasons. A new law is on its way that will upend common approaches for sick note requirements in Manitoba.

On April 21, 2026, Bill 11 (The Employment Standards Code Amendment Act – Sick Notes for Employee Absences) received second reading in Manitoba Legislature. This is a government sponsored bill, so it is expected to become law.

The Bill says that an employer cannot require an employee to provide a sick note unless:
– the employee has been absent due to injury or illness for more than a week; or
– the employee has had more than 10 scheduled work days of absence due to illness or injury in that calendar year.

Not Just Doctors

Even when sick notes may be required, the source of the note may not be a doctor. The Bill lists other categories of “health professional” from whom an employer must accept a sick note if they provided care to the employee for the injury or illness causing the absence. A non-exhaustive list of health professionals in the Bill includes physicians, physician or clinical assistants, a variety of nursing categories, psychologist and midwife.

Reimbursement

Another important change is the requirement that employees must be reimbursed by the employer for the cost of the sick note. The employer must reimburse the employee for “any reasonable amount that the health professional charges the employee” if the employee provides “evidence of their entitlement to reimbursement” (an invoice) within 30 days after obtaining the sick note. An employer then has 30 days to reimburse the employee.
There is no guidance on what “any reasonable amount” means, which likely will result in a reimbursement requirement for almost all invoices. The circumstances around an unreasonable amount that an employer might refuse to reimburse could become the subject of a future Employment Standards complaint or grievance in a unionized workplace.

Where Employers May Still Require Medical Verification

The Bill states that it does not affect or restrict the employer’s ability to request medical confirmation of an employee’s fitness to return to work or medical information or documentation in relation to a leave of absence requested under the Code (such as maternity leave, compassionate care leave, critical illness leave).

Public Policy and Practical Approaches

This is not a novel move. Most other Canadian jurisdictions already have legislated restrictions on sick note requirements. The Canadian Medical Association has been calling for the elimination of sick notes for short-term minor illnesses. The CMA’s position is: “Sick notes are not a health systems issue, they’re a human resources issue,” citing limited doctor availability and wait times for families trying to access services. CMA calls for elimination of workplace sick notes to create more health care capacity | CMA calls for elimination of workplace sick notes to create more health care capacity | CMA

It is arguable that sick notes historically have had little/no value. The “scratch pad” notes from doctors often don’t not say much. An employee with a bona fide illness would have to try to find an appointment or sit in a walk-in clinic to verify a cold or flu instead of recovering. Sick employees may attend work to avoid the hassle and expose co-workers or customers. An employee seeking to abuse the system will find a way.

Likely the most important exception remains, allowing employers to require medical verification of fitness to return to work after medical absences. We would not normally advise that such a request be made for return from a routine illness, but it is a common pre-condition to a return from a serious illness, a known highly contagious illness, injury and/or lengthy absence for medical reasons. This can be a key to minimizing risk of future injury or illness, and determining whether there are work restrictions/accommodations necessary for a successful return.

Implication for Employers in Manitoba

When enacted, these amendments will require Manitoba employers to ensure that their practices are compliant with the new limits on sick note requirements. In particular, employers should review and update language on workplace policies and/or collective agreements to ensure compliance with the Code.

What to do About Your Workplace

If you have questions about how this affects your business, feel free to contact us for an in-depth discussion about appropriate steps that can be taken.

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