Restrictions on sick notes for Manitoba employers to be effective October 1, 2026

As discussed in a previous Insight, in an effort to regulate employer requests for sick notes due to an employee’s absence from work, the Manitoba Government tabled Bill 11 earlier this year, officially titled The Employment Standards Code Amendment Act (Sick Notes For Employee Absences.

As of Monday, June 1, 2026, Bill 11 was passed and is now set to come into force on October 1, 2026, amending parts of The Employment Standards Code (the “Code”).

Although the coming into force of Bill 11 will introduce a significant restriction on a provincially regulated employer’s ability to request sick notes, it does provide opportunities for employers to continue requesting medical documentation in certain circumstances.

Limit on sick notes

Starting from October 1, 2026, an employer will only be able to require an employee to provide a sick note from a health care practitioner for an absence related to an injury or illness in one of the following two circumstances:

• The absence continues for a period of more than seven consecutive days
• The employee, prior to or as a result of the absence, has been absent from work due to injury or illness for more than ten scheduled workdays in the calendar year

For the purpose of counting how many workdays an employee has been absent in a calendar year, absence for any part of a day can be counted by an employer as one day of absence.

However, the above restriction will not restrict an employer’s ability to request:

• A certificate from a physician or midwife when the employee is seeking a leave of absence under the Code which requires the employee to provide such a certificate (such as maternity leave)
• A certificate from a health care practitioner if the certificate is to verify that the employee is fit to return to work after an absence

Reimbursement obligation

Further, starting October 1, 2026, employers who request a sick note from an employee must reimburse the employee for the cost of obtaining the sick note. An employee has 30 days from obtaining their sick note to provide a receipt to their employer, and the employer would then have 30 days to issue the reimbursement.

If an employer does not provide reimbursement, the unpaid amount will be deemed wages owing to the employee, such that the employee could file a claim with Employment Standards for recovery of the unpaid amount.

Who can provide sick notes

When an employer is entitled to require a sick note from an employee under the new changes, the documentation can be provided by a broad range of health care professionals, including:

• Physicians
• Physician assistants or clinical assistants
• Registered nurses, nurse practitioners, registered psychiatric nurses or licensed practical nurses
• Psychologists
• Midwives
• Any healthcare professionals outside Manitoba that are equivalent to the above, where care is provided in a jurisdiction outside of Manitoba
• Any healthcare professionals to be prescribed by regulation

Accordingly, an employer will be restricted from requiring that the sick note be from a specific health care practitioner and the employee has discretion to receive treatment and documentation from a range of practitioners.

Other related changes

Other related changes coming into force on October 1, 2026, as a result of the passage of Bill 11 include the following:

• Currently, the medical certificate an employee would need to provide to an employer with respect to taking a maternity leave can only be issued by a physician. Starting October 1, 2026, the certificate may also be issued by a midwife.
• Currently, an employee who has been employed for 30 days may take up to three days of unpaid family leave and an employer may request reasonable verification for the need for such a leave. Starting October 1, 2026, the Code will reflect that when requesting reasonable verification, employers cannot request a sick note contrary to the restrictions outlined above.
• Currently, an employer may request an employee taking a public health emergency leave to provide verification for the need for such a leave. Starting October 1, 2026, the Code will reflect that when requesting reasonable verification, employers cannot request a sick note contrary to the restrictions outlined above.
• Since March 1, 2020, for certain statutory leaves under the Code, such as maternity leave, compassionate care leave and long-term leave for serious injury or illness, an employer can only require an employee to provide medical certificates if permitted by regulation (which was introduced during the COVID-19 pandemic). Starting October 1, 2026, this restriction will be repealed and employers will be able to request medical certificates in those situations as usual.

Key takeaways

Upon its coming into force on October 1, 2026, Bill 11 will introduce the first restriction on requesting medical documentation in Manitoba’s history. However, Bill 11 still provides for significant exemptions for an employer to continue requiring medical notes, including (1) for longer absences exceeding seven consecutive days, (2) for employees who are chronically absent from work for more than ten days in a year and (3) where necessary to consider an employee’s fitness to return to work. In addition, cases of accommodation will continue to be considered on a case-by-case basis.

Even when an employer can request medical documentation under the upcoming changes, there will also be a new obligation to reimburse the employee for the costs of obtaining the document.

As a result, employers will need to be strategic and deliberate when deciding when to require medical documentation from an employee.

MLT Aikins helps employers to respond quickly and effectively to legislative and regulatory developments, providing proactive, practical and innovative advice and assistance on all labour and employment matters. Please contact a member of our Labour and Employment team if you would like to discuss any of this information further.

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