Employers with employees working from Quebec should take note of the changes introduced by Bill 68, An Act Mainly to Reduce the Administrative Burden of Physicians[1], particularly in regard to its new restrictions on when employers may request documentation to justify employee absences.
Previously, the Act respecting labour standards (“ALS”)[2] permitted employers to request documentation supporting absences if the request was reasonable based on factors such as the duration or recurrence of the absence. Employees who failed to provide such information without valid justification could face disciplinary action.
Leaves Owing to Sickness, Organ/Tissue Donation, Accident, Domestic/Sexual Violence, or a Criminal Offence
As of January 1, 2025, employers are no longer allowed to request any document attesting to the reasons for the absence for the first three short-term absences (defined as absences not exceeding three consecutive days) within a 12-month period, when the absence is due to:
- Illness,
- Accident,
- Organ or tissue donation,
- Domestic or sexual violence, or
- A criminal offence.
Family-Related Leaves
Additionally, Bill 68 prohibits employers from requesting medical certificates for absences related to family obligations. These include caring for a child, assisting with educational responsibilities, supporting a family member’s health needs, and acting as a caregiver. While requesting medical certificates is no longer permitted in absences for family matters, employers may still ask for alternative forms of documentation to validate such absences.
General
It is important to note that Bill 68 continues to allow documentation requests for absences unrelated to the reasons listed above.
Further, employers retain the right to request supporting documents, medical or otherwise, under the following circumstances:
- From the fourth short-term absence (of three days or less) within a 12-month period; or
- For any absence exceeding three consecutive days, regardless of whether it is the first occurrence
The restrictions introduced by Bill 68 also extend to employers in the construction industry whose employees are entitled to similar absences under the Act respecting labour relations, vocational training and workforce management[3].
In sum, these changes underscore the importance of understanding the scope and limits of employer rights under the revised ALS framework. As Quebec continues to refine its labour standards, employers must remain vigilant in adapting their internal policies to ensure compliance while maintaining fair and respectful workplace practices.
If your organization needs help with reviewing its sick leave policies for compliance with Quebec’s labour standards framework, please contact Sophie Kassel 613-410-6115 and François Russo 343-997-3042.
More generally, Emond Harnden’s Quebec Law Team can be contacted for any Quebec employment or labour law questions your organization may have.
[1] An Act mainly to reduce the administrative burden of physicians (“Bill 68”), 1st Session, 43rd Legislature.
[2] Act respecting labour standards, RLRQ c N-1.1.
[3] Act respecting labour relations, vocational training and workforce management in the construction industry, RLRQ c R-20.
This article provides general information and should not be relied on as legal advice or opinion.
