Medical Certificates for Employee Absence

Key Features of Medical Certificates for Employee Absence Act (the Act):

• Employers cannot require employees to provide a medical note unless:
• the employee has missed more than five consecutive working days due to sickness or injury or
• the employee has already had at least two non-consecutive absences of five or fewer days due to sickness or injury in the preceding 12-month period

For example, if an employee missed six consecutive days of work (first absence), then two consecutive days (second absence) followed by four consecutive days (third absence) in a 12-month period, the employer could ask for a medical note for only the first absence. The employer could not ask for a medical note for the second or third absences because they are not more than five consecutive days, and the employee has not had more than two non-consecutive absences of five days or less in the preceding 12-month period.

• Employers must accept medical certificates from various qualified health professionals, not just physicians.
• An employee can file a complaint with Labour Standards if they believe their employer has contravened the Act.
• Labour Standards is provided with the same powers to enforce the Act as those it has to enforce the Labour Standards Code.
• Labour Standards decisions in relation to the Medical Certificates for Employee Absence Act can be appealed to the Labour Board.

Related Information

• Bill 256 - Patient Access to Care Act
• Sick Leave
• Guide to the Nova Scotia Labour Standards Code (PDF)
• Labour Standards Code (PDF)
• Contact Labour Standards