On October 9, 2024, An Act mainly to reduce the administrative burden of physicians (“Bill 68”) received royal assent. Bill 68 aims to limit or reduce the administrative burden on physicians and amends in particular the Act respecting labour standards (the “ARLS”).
The provisions amending the ARLS[1] will come into force on January 1, 2025.
1. Absences owing to sickness, an organ or tissue donation, an accident, domestic violence or sexual violence, or a criminal offence[2]
Effective January 1, 2025, employers will no longer be able to request a document attesting to the reasons for an employee’s absence, including a medical certificate, to justify an employee’s absence for the first three (3) periods of absence of three (3) consecutive days or less within a 12-month period, when these absences are owing to sickness, an organ or tissue donation, an accident, domestic violence, sexual violence, or a criminal offence. The 12-month period is calculated from the first period of absence of three (3) consecutive days or less.
In other words, the employer may request a document attesting to the reasons for absence, such as a medical certificate, only if warranted by the circumstances and in the following cases:
- As of the fourth period of absence, if the employee has already been absent on three (3) separate occasions within a 12-month period. For example, if an employee has already been absent on three (3) separate occasions within a 12 month period, the employer may require a medical certificate as of the fourth period of absence in the same 12-month period.
- When the absence exceeds three (3) consecutive days, even if it is the first absence within the 12-month period. For example, if an employee is absent due to illness for a period of one (1) week, the employer may require a medical certificate.
2. Family or parental obligations leave or absence[3]
As of January 1, 2025, an employer will no longer be able to request a medical certificate when an employee is absent to fulfill obligations relating to the care, health or education of their child or the child of their spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver.
Note that this restriction applies to the entire ten day leave provided by the ARLS. However, if warranted by the circumstances, the employer may still request another document, other than a medical certificate, attesting to the reasons for the absence.
3. Construction industry[4]
As of January 1, 2025, the restrictions outlined above will also apply to employers whose employees are governed by the Act respecting labour relations, vocational training and workforce management in the construction industry.
Conclusion
Bill 68 is an initiative of the Quebec government aimed at reducing the administrative burden on general practitioners, allowing them to dedicate more time to patient care. As highlighted in the parliamentary debates, Bill 68 is not intended to restrict employers’ rights to manage absenteeism. Employers can still manage absenteeism, where appropriate, through methods other than requiring a medical certificate. These methods may include implementing a clear policy that outlines expectations for absences, procedures for illness, leave, or family emergencies, and the consequences of unjustified absences. Employers can also monitor absenteeism trends, meet with employees in questionable cases, and consider other methods. Consequently, while absence management has always required careful handling, it will now need to be approached with even greater diligence.
Employers can expect more refusals by general practitioners to issue medical certificates, particularly for short-term absences and when the physician is unaware of the employee’s absence history. This could create additional challenges for employers, making it more difficult to manage employees who are unable to obtain medical certificates to justify their absences.
To effectively navigate these new changes, employers should review their policies and practices before January 1, 2025. If you have any questions about Bill 68 or absenteeism management, please contact the authors of this article or a member of Miller Thomson’s Labour & Employment Group.
[1] Sections 6 to 9 of Bill 68.
[2] Section 79.2 ARLS.
[3] Section 79.7 ARLS.
[4] Section 3, para. 3 ARLS.
