Beginning October 1, 2026, Manitoba employers will face new restrictions on when they can require employees to provide sick notes for short-term illness or injury.
For Manitoba businesses, this change is an important reminder to review existing sick leave and attendance practices and ensure workplace policies are prepared for the new requirements.
Whether you operate a small business with a handful of employees or manage a growing organization, understanding what is changing can help you prepare your workplace and communicate expectations clearly with employees.
What Is Changing in Manitoba?
Under Manitoba’s amended Employment Standards Code, employers will generally not be permitted to require a sick note when an employee is absent because of illness or injury if:
- the absence lasts one week or less; or
- the employee has been absent for 10 scheduled workdays or less because of illness or injury during the same calendar year.
Once the applicable threshold has been exceeded, an employer may be permitted to request a sick note.
An absence for part of a scheduled workday can also count as a day of absence when determining the annual threshold.
The new restrictions take effect on October 1, 2026.
Sick Notes vs. Other Medical Documentation
The new rules do not mean employers can never request medical information from an employee.
It is important to distinguish a sick note for a short-term absence from other forms of medical documentation that may be necessary in the workplace.
Medical information may still be relevant in circumstances involving longer-term illness or injury, certain protected leaves, workplace accommodations, disability matters, return-to-work planning or determining whether an employee can safely perform their work.
Employers should therefore consider both the reason for requesting medical documentation and whether the request is permitted under applicable workplace requirements.
Why Are Sick Note Requirements Changing?
Traditionally, many workplaces have required employees to provide a doctor’s note as proof that an illness prevented them from working.
However, requiring a medical appointment for a short-term illness does not necessarily provide an employer with meaningful additional verification.
An employee who experiences flu symptoms, for example, may have largely recovered by the time they can see a healthcare professional. The healthcare provider may have little more information about the original illness than what the employee reports.
Requiring sick notes for minor illnesses can also create additional challenges. Employees may spend time travelling to and waiting at a clinic rather than recovering at home. Others may decide to attend work while sick rather than deal with the time or expense involved in obtaining documentation.
Reducing unnecessary appointments can also help healthcare professionals dedicate more of their time to patients who require medical assessment or treatment.
Alternatives Employers Can Consider
As businesses prepare for the changes, there are several ways to manage short-term absences without routinely requiring sick notes.
Clear Attendance Policies
Employees should understand what is expected when they cannot attend work.
Policies can establish who employees should contact, how much notice should be provided, acceptable methods of communication, how absences are recorded and whether available sick time is paid or unpaid.
Employee Self-Attestation
For short-term illness or injury, businesses may consider using employee self-attestation.
This allows an employee to confirm their absence without making an unnecessary medical appointment while still providing the employer with a documented record.
Addressing Attendance Concerns
When an employer identifies a legitimate pattern of concern, communicating directly with the employee can often provide more useful information than relying solely on a doctor’s note.
A conversation may identify an attendance issue requiring corrective action, or it may reveal circumstances requiring a different response, including consideration of workplace accommodation.
Trust and Accountability Can Work Together
Moving away from sick notes for short-term absences does not mean businesses must abandon accountability.
Clear expectations, accurate recordkeeping, consistent management practices and appropriate follow-up can all remain part of an effective attendance strategy.
At the same time, allowing employees with legitimate short-term illnesses to recover without unnecessary barriers can support employee well-being and reduce the likelihood of illness spreading throughout the workplace.
Creating the right balance between trust and accountability can contribute to a healthier and more productive workplace.
What Should Manitoba Businesses Do Before October 1?
With the new rules approaching, employers should take the opportunity to review their current practices.
Businesses should consider:
- Reviewing sick leave and attendance policies for requirements related to doctor’s notes.
- Updating employee handbooks and internal procedures where necessary.
- Reviewing employment agreements that reference medical documentation.
- Considering alternatives such as employee self-attestation for short-term absences.
- Ensuring managers and supervisors understand the new restrictions.
- Establishing consistent procedures for tracking and reviewing employee absences.
- Communicating any policy changes clearly to employees.
Businesses with unionized workplaces should also consider any applicable collective agreement provisions when reviewing their practices.
When Can an Employer Still Request a Sick Note?
The new legislation does not eliminate sick notes entirely.
An employer may be able to require a sick note where an employee’s illness or injury-related absence continues for more than one week or where the employee has been absent because of illness or injury for more than 10 scheduled workdays during the calendar year.
Additional requirements apply when an employer requests a sick note, including provisions concerning acceptable healthcare professionals and reimbursement of reasonable costs associated with obtaining the documentation.
Different requirements may also apply when medical documentation is needed for other workplace purposes, including certain protected leaves, accommodations and return-to-work matters.
Preparing Manitoba Businesses for Change
The upcoming sick note restrictions provide Manitoba businesses with an opportunity to review how they approach sick leave and employee attendance.
For business owners and employers, preparation should involve more than simply removing a sick note requirement. Clear policies, consistent procedures, appropriate documentation and effective communication can help organizations manage attendance while adapting to the new requirements.
The Black Manitobans Chamber of Commerce is committed to keeping Manitoba’s business community informed about developments that can affect employers, entrepreneurs and growing organizations.
As the October 1 implementation date approaches, businesses are encouraged to review their current workplace practices and seek qualified HR or legal guidance where necessary.
This article is provided for general informational purposes and does not constitute legal advice. Employment requirements may vary depending on an organization’s circumstances.
Phone: +1-888-973-8403
Email: info@bmbcc.ca
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