Managing Suspicious Sick Day Requests - Teds Woodworking Review

Every employer must manage employees taking time off for illness or injury. Statistics Canada reports that average employee absences range from roughly 9-16 days per year. As part of absence management, employers must also consider Human Rights and Employment Standards legislation requiring mental or physical disabilities be accommodated, including short-term illness. Human Rights legislation also protects family status accommodation that can include parents staying home with sick kids. And from an operational perspective, it generally makes sense to require individuals with cold or flu symptoms to stay at home to avoid spreading illness and having more employees away from work.

But sometimes, requests for sick leave create suspicion about whether the employee is actually ill, or whether they are just taking a day off. Suspicion could arise because a vacation at the same time was previously denied, because symptoms described are vague or unusual, or even where the employee’s reason for calling in sick is something minor like having had a bad night’s sleep.

In the past, employers concerned about the legitimacy of sick days being used would require doctor’s notes to confirm the reason for the absence. But with mental health absences growing and healthcare systems becoming overburdened and under-resourced, employers now face challenges in accessing confirming medical information.

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Provinces Limiting Medical Note Requirements

In late 2024, many Canadian provinces began restricting employer rights to require medical notes for short-term absences.

Amendments to Ontario’s Employment Standards Act (ESA) made on October 28, 2024 restrict employers from requiring a certificate from a qualified health practitioner for sick leave. Ontario employers offering greater paid sick day benefits than required under the ESA can still require that employees provide doctor’s notes regarding the absence.

In April 2025, British Columbia introduced Bill 11, which proposes amendments to the Employment Standards Act. If passed, this bill will prohibit employers from requesting a doctor’s note for short-term sick leave. The goal is to reduce the administrative burden on healthcare providers, who issued over 1.6 million sick notes in 2024. While the exact definition of “short-term” is still being finalized through upcoming regulations, the direction is clear: employers will need to rely on trust and internal policies rather than medical documentation for brief absences.

Quebec and Newfoundland and Labrador are also limiting when and how employers can demand medical proof for sick leave. These changes reflect attempts to limit strain on public healthcare systems.

While there is currently no restriction on requesting medical documentation from absent employees in Alberta, the practical reality is that an employee’s symptoms will likely have resolved before they are able to see their doctor.

Is the Sick Leave Legitimate?

Whenever an employee requests time off, even a phone call saying they won’t be in that day, an employer may ask questions about the reasons for the absence, the symptoms present, and the employee’s expectations for when they will be able to return to work. This information is needed for employers to manage operations, evaluate risk of exposure for other employees, and make plans for the absence. Where the reason for a sick day is questionable, employers should ask follow-up questions and investigate any suspected abuse. Any investigation steps will be made much easier where employers track all employee requests for time off and days absent, including the reason for the absence.

For example, an employee calling in sick due to a headache should be asked how serious it is, whether they are under medical treatment related to the headache that could impact their ability to work (such as some types of pain medication), and if they have suffered any injury that could be the cause of the headache. If the description is that it is a severe headache or migraine, it is more likely that this is an appropriate sick leave request as opposed to a mild headache where the leave request could be denied.

In managing an inquiry into the reasons for a sick leave, employers should consider that the request for time off could be legitimate, even if there is reasonable suspicion in the circumstances. Leaves of absence for mental health reasons can be more difficult for employees to articulate but can still be appropriate and can arise for reasons unrelated to work. Just because an employee has not previously sought accommodation for a health issue, doesn’t mean the health issue isn’t real. If there is suspicion that sick days are being abused, employers should be cautious about taking disciplinary steps without first gathering complete information.

When Can Employers Challenge a Sick Leave Claim?

Despite some limitations, employers are not powerless. They can still challenge a sick leave claim under certain conditions:

Extended or Frequent Absences: If an employee is absent more often than is usual or for an extended period, employers may be justified in requesting medical documentation or engaging in a more detailed inquiry.
Inconsistencies or Suspicion of Abuse: If there’s evidence suggesting the claim is dishonest, such as social media posts showing the employee vacationing while on sick leave, or unusual patterns in when sick days are used, employers can investigate further.
Safety or Operational Concerns: In safety-sensitive roles or where an absence significantly disrupts operations, employers may have more leeway to request supporting medical documentation.
Collective Agreements or Contracts: Unionized workplaces or specific employment contracts may include provisions that allow for a more detailed illness or injury verification process.

Termination for Absenteeism

Any unauthorized absence from work is a breach of the employment contract, but for absenteeism to rise to the level of “just cause” it must be serious enough it “amounts to misconduct that is incompatible with the fundamental terms of the employment relationship,” as stated in: Whitford v. Agrium Inc., 2006 ABQB 726. Conduct that can harm the employment relationship varies, but will usually involve significant dishonesty, misconduct, deficient performance or a failure to follow clear policies.

Employers who have tolerated high levels of absenteeism in the past may be found to have accepted such absence levels as normal, requiring a more involved process of re-setting employee expectations. Similarly, employers who have approved absences cannot later claim those absences as being problematic. On the other hand, an employee who is found to have lied about the reasons for not attending work, and whose non-attendance has had a negative impact on the company, is much more likely to have just cause confirmed as an appropriate reason for termination of employment.

Best Practices for Employers

While every situation is different, and managing employee accommodations for disabilities can be complex, there are some steps all employers concerned about the legitimacy of sick day requests can take:

Policies: Maintain a sick leave policy as part of your employee handbook to establish rules around what types of leave are appropriate, maximum paid sick days, notification procedures, and how many days per year can be used before medical documentation will be required.
Training: Train managers on how to handle sick leave requests with empathy while collecting and documenting sufficient information to address any potential future concerns.
Communication: If an employer has concerns about the number of absences or the timing of sick days, it is best to notify the employee of those concerns early and ensure the employee has the opportunity to address the problem or seek some form of accommodation before any disciplinary steps are taken.
Documentation: Keeping detailed records of absences, and communications about absences, will ensure decisions and further inquiries are completed properly.
Consult legal counsel before taking disciplinary action based on suspected sick leave abuse.

Conclusion

By establishing clear policies, fostering a trusting work environment, monitoring attendance patterns, and addressing employees with empathy, employers can effectively manage sick leave while maintaining a positive workplace culture.

If you have questions about sick leaves, just cause terminations, employment contracts, or managing disputes between employees and employers, please contact any of Carbert Waite LLP’s employment law team.