Medical Certificates: New Rules for Québec Employers

On October 9, 2024, Bill 68, entitled An Act mainly to reduce the administrative burden of physicians, was passed. It restricts an employer’s right to manage employee absences by prohibiting it from requiring a medical certificate in certain situations. The aim of the legislation is to reduce the administrative burden on the health care system.

Legal Framework Before the Reform

Prior to Bill 68, the Act respecting labour standards (“ALS”) allowed employers to request a document attesting to the reasons for an absence, if justified by the circumstances—such as the duration or repetitive nature of the absence. The employee’s unjustified refusal to produce such a document could be a valid reason for imposing administrative or disciplinary measures.

Changes Introduced by Bill 68

As of January 1, 2025, section 79.2 of the ALS prohibits employers from requiring any type of supporting documentation, including a medical certificate, for the first 3 short-term absences (3 consecutive days or less) in a 12-month period. This prohibition applies to absences for the following reasons: i) sickness; ii) accident; iii) organ or tissue donation; iv) domestic or sexual violence; or v) criminal offence. 

Also, when it comes to absences for family matters, the employer can no longer request a medical certificate, except in certain cases, as described below.

According to the labour minister’s comments, the “calculation of absences [must start] from the first absence in a year rather than from January 1 of each year.”

Employers can require a supporting document in the following cases:

• From the fourth period of short-term absence in a 12-month period; or
• For any absence exceeding three consecutive days, even if it’s the first

Violations may result in penalties. What’s more, these sections are of public order and therefore take precedence over any contract, policy or collective agreement.

The prohibition on employers requiring supporting documentation also applies to employers and employees in the construction sector.

Finally, Bill 68 authorizes employers to require a supporting document for absences for any reason other than those mentioned above.

Impact on Employers

Legislative changes are forcing employers to review their internal policies. 

Nevertheless, they retain the right to request supporting documents for longer or repeated absences. They can also put measures in place to prevent abuse, such as clear policies and appropriate disciplinary procedures.

Alternatives to Medical Certificates

Different rules apply to family-related absences, which occur to fulfill obligations relating to the care, health or education of the employee’s child or their spouse’s child, or because of the state of health of a family member or a person for whom the employee is acting as a caregiver. Although employers no longer have the right to require a medical certificate, they can ask for other types of supporting documentation, such as a receipt from a pharmacy attesting to the purchase of a prescribed drug or a parking receipt from a clinic.

As a reminder, an employee “must advise the employer of the employee’s absence as soon as possible and take the reasonable steps within the employee’s power to limit the leave and the duration of the leave,” as per section 79.7 of the ALS.

Recommendations for Employers

In order to comply with the new legislation, employers should take the following measures:

• Update their internal policies on absence management;
• Train managers and human resources staff on the new rules;
• Establish procedures for documenting absences and the supporting documents provided, while respecting employee privacy;
• Meet with employees if they have any questions or doubts.

Conclusion

Bill 68 represents a major change in employee absence management in Québec. 

Given the legislature’s intention to preserve a balance between workers’ rights and employers’ needs, it’s essential that employers adapt to these new rules to ensure effective absence management and prevent abuse.