Changes to Employment Standards Code now in effect
The Employment Standards Code of Manitoba was recently changed (in effect as of October 1, 2026) to prohibit employers from requiring sick notes for short-term absence due to illness/injury. See the Employment Standards Fact Sheet.
Under the changes to the Employment Standards Code, an employer cannot ask for a sick note when:
a) An employee is sick and misses a week or less.
b) An employee is sick and misses 10 days or less in the same calendar year, even if those days are spread out. When an employee is away for up to a week, each day counts towards the annual 10-day limit (as do partial days).
Employers can request a sick note if absence continues for more than a week, or if the employee has already been absent more than 10 scheduled workdays in that calendar year.
An employer may request medical documentation where it is necessary for long-term leaves such as maternity leave, organ donation, long-term injury or illness, or compassionate care. It is the employee’s responsibility to provide these documents to qualify. There are no restrictions around requiring documentation for other purposes, such as:
1. Supporting accommodations.
2. Safe return-to-work.
3. Insurance purposes.
If an employer requires a sick note, they must reimburse the employee for any reasonable amount charged by the health professional that provided the note.
- To receive the reimbursement, the employee must provide the employer with proof of the cost within 30 days of obtaining the sick note, and the employer must reimburse the employee within 30 days of receipt of this evidence.
- Reimbursement does not include other medical documents, such as return-to-work documentation or other medical notes for long-term leaves.
All of the above apply to both paid and unpaid sick leave. It also applies to other leaves as described in the Employment Standards Code, such as family leave or interpersonal violence leave.
Questions?
Contact your Labour Relations Officer.