Nova Scotia to limit medical notes for employee absences
This article was updated on April 19, 2023.
By Mark Tector and Ben Currie
On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the Medical Certificates for Employee Absence Act (“Act”), which will take effect on July 1, 2023. The Act prevents a provincially regulated employer in Nova Scotia from requesting a certificate (i.e. medical note) from an employee related to the employee’s absence from work due to sickness or injury unless one of the following conditions are met:
- The absence continues for more than five consecutive working days; or
- The employee has had at least two non-consecutive absences of five or fewer working days due to sickness or injury in the prior 12-months.
Despite the name of the Act, the certificate can come from a “qualified health professional” who is providing a diagnosis, treatment or care to the employee with respect to the illness or injury causing the employee’s absence. This includes not only physicians, but any person who holds a license to practice a regulated health profession in Nova Scotia. The qualified health professional must be acting within their scope of practice when issuing the certificate.
Nova Scotia joins the remaining Atlantic provinces, which, through employment standards legislation, restrict the ability of provincially regulated employers from requesting a certificate as follows:
- New Brunswick: If the employee’s absence is four or more consecutive days, the employer can request a certificate from a physician, nurse practitioner, or midwife.
- Prince Edward Island: If the employee’s absence is three or more consecutive days, the employer can request a certificate from a physician.
- Newfoundland and Labrador: If the employee’s absence is three or more consecutive days, the employee shall provide a certificate from a physician or nurse practitioner. This puts the obligation on the employee; however, practically employers may choose to waive the requirement depending on the circumstances.
Nova Scotia’s proposed Act differs from the legislation in the remaining Atlantic provinces in two important ways:
- It allows for a second condition whereby the employer may request a certificate for two non-consecutive absences of five or fewer working days within the prior 12-months; and
- It allows any regulated health professional in Nova Scotia to issue the certificate, provided they are operating within their scope of practice and treating the employee. This is much broader than the other Atlantic provinces which require the certificate to come from a physician, and in some Atlantic provinces a nurse practitioner or midwife.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Labour & Employment group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Included in Discovery: Atlantic Education & the Law – Issue 12 By Dante Manna[1] Once known for recreational use, psychedelics are slowly gaining medical legitimacy as research emerges on possible therapeutic benefits for mental health…
Read MoreWe are pleased to present the twelfth issue of Discovery, Stewart McKelvey’s legal publication targeted to educational institutions in Atlantic Canada. Our lawyers provide insight on a number of topics facing universities and colleges including…
Read MoreBy Kyle S. Hartlen, Gavin Stuttard, and Colton Smith What is the Innovation Equity Tax Credit? The Nova Scotia Innovation Equity Tax Credit (“IETC“) is a non-refundable personal and corporate income credit intended to encourage…
Read MoreBy Deanne MacLeod, K.C., Burtley G. Francis and David F. Slipp In June 2022, Canada’s federal government enacted a number of changes to the Competition Act (the “Act”) as the first step in a comprehensive…
Read MoreThis article was updated on April 19, 2023. By Mark Tector and Ben Currie On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the…
Read MoreThis Thought Leadership article is a follow-up to our January 2023 article on the introduction of the Prohibition on the Purchase of Residential Property by Non-Canadians Act. By Brendan Sheridan On January 1, 2023, the…
Read MoreBy Kevin Landry and Jahvon Delaney Background On March 25, 2023, the Government of Canada released a Notice of Intent titled Consultation on potential amendments to the Cannabis Regulations. The Notice outlines that Health Canada is…
Read MoreBy Kimberly Bungay On April 1, 2023, the Nova Scotia government will proclaim into force Bill 226, which amends the Companies Act (the “Act”) to require companies formed under the Act to create and maintain…
Read MoreBy Chad Sullivan and Kathleen Starke Background A recent decision, Vail v. Oromocto (Town), 2022 CanLII 129486, involved several grievances including an unjust dismissal claim by a firefighter as well as a grievance filed by…
Read MoreBy Stuart Wallace and Kim Walsh On January 1, 2022, the Underused Housing Tax Act (the Act) took effect. The Underused Housing Tax (the UHT) is an annual 1% tax on the value of vacant or…
Read More