On October 9, 2024, Bill 68, An Act mainly to reduce the administrative burden of physicians, received royal assent in Quebec. Bill 68 introduced amendments to the Act respecting labour standards (the "ALS") and the Act to promote access to family medicine and specialized medicine services.
The amendments, introduced with the goal of alleviating the administrative burdens on doctors and enhancing the efficiency of healthcare services in the province, mark a significant shift in how employers will be able to exercise their right to manage employee absences.
The following legislative amendments came into force on January 1, 2025 and are noteworthy for employers.
Employee Absences of Three Days or Less
Under section 79.1 of the ALS, an employee may be absent from work for a period of not more than twenty-six weeks over a period of twelve months, owing to sickness, an organ or tissue donation for transplant, an accident, domestic violence or sexual violence of which the employee has been a victim.
Section 79.2 of the ALS requires employees to advise their employer as soon as possible of a period of absence from work, giving the reasons for it. Prior to the amendments coming into force, if it was warranted, by the duration of the absence or its repetitive nature for instance, the employer could request that the employee provide a document, such as a medical certificate, attesting to those reasons.
As of January 1, 2025, employers are now prohibited from requiring any such document, including a medical certificate, attesting to the reasons for an absence, for the first three periods of absence not exceeding three consecutive days taken over a twelve-month period.
Employee Absences for Parental or Family Reasons
Under section 79.7 of the ALS, an employee may be absent from work for ten days per year to fulfil obligations relating to the care, health or education of the employee's child or the child of the employee's spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code.
Prior to the amendments coming into force, if it was warranted, by the duration of the absence for instance, the employer could request that the employee provide a document attesting to the reasons for the absence.
As of January 1, 2025, employers are now prohibited from requesting a medical certificate stating the reasons for the absence, regardless of its duration. It is important to note, however, that this prohibition only applies to medical certificates and employers can still require other documentation attesting to the reasons for the absence.
Employer Takeaways
Employers should revise their internal policies, guides, manuals, and practices to ensure that they comply with the amended provisions of the ALS.
Similarly, in unionized workplaces, existing collective agreements should be reviewed, particularly any clauses that require employees to provide a medical note or supporting document for such absences, in order to ensure compliance with the ALS.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
