118ProvincialLabour
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An Act to Amend An Act to Amend the Employment Standards Act

Chamber

pei

Stage

Introduced

This PEI bill removes an employer's right to demand a doctor's note when an employee takes sick leave.

Key Changes

  • Removes the provision allowing employers to require a doctor's note (medical certificate) from employees taking sick leave
  • Removes a cross-reference to the repealed subsection to maintain legislative consistency
  • Amends the 2023 Employment Standards Act amendment rather than the original Act directly

Gotchas

  • This bill amends an amendment (a 2023 Act), meaning it is a second layer of change to the original Employment Standards Act, which can make the legislative history more complex to follow.
  • Removing the doctor's note requirement may reduce barriers for low-income workers who face costs or difficulty accessing a physician, but employers lose a formal verification tool.
  • The bill does not appear to change the number of sick days available or other conditions of sick leave — only the documentation requirement is affected.
  • No alternative verification mechanism is introduced to replace the medical certificate requirement.

Who's Affected

  • All employees covered under PEI's Employment Standards Act
  • Employers in Prince Edward Island who previously could request medical certificates
  • Medical practitioners who were previously asked to sign sick leave certificates

Summary

This bill amends a 2023 amendment to Prince Edward Island's Employment Standards Act. Specifically, it removes a provision that allowed employers to require employees to provide a certificate signed by a medical practitioner confirming they were unable to work due to illness or injury. By removing this requirement, employees in PEI who take sick leave would no longer be obligated to obtain and submit a doctor's note to their employer as proof of illness. This affects all workers covered under the Employment Standards Act in the province. The bill was introduced as a private member's bill by MLA Matthew MacFarlane in the 2024 session. It also removes a cross-reference to the repealed subsection to keep the legislation consistent.

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