To address the significant shortage of physicians in Quebec, several amendments to section 79.2 of the Labour Standards Act were announced in 2024 to lighten the administrative burden on physicians. As a reminder, Bill 68, entitled “Loi visant principalement à réduire la charge administrative des médecins”, was passed by the National Assembly on October 9, 2024.

This Bill includes a number of important amendments to the Labour Standards Act (LSA), relating to requests for proof of absence, notably doctor’s notes.

Previously, thanks to section 79.2 of the LSA, an employer could request justification when an employee was absent for health, accident or other reasons, in order to verify the duration or nature of the absence.

The new Bill, which came into force on January 1, 2025, amends this article, specifying that the employer may no longer make such a request in the course of the first three absences lasting less than four consecutive days in any 12-month period. The calculation begins with the first absence of the year. That said, under the new law, employers may still require a medical certificate if an absence exceeds four days.

What’s more, the law also modifies the rules governing absences for family or parental reasons. Employers are prohibited from requiring a medical certificate for such absences. However, this does not prevent them from requesting other types of evidence, such as childcare or education-related proof.

Finally, the law imposes restrictions on insurers and insurance plan administrators, prohibiting, among other things, the request for medical consultations to reimburse expenses for services or technical aids.

The changes concerning insurers will be applied at a later date set by the government.

Click here to consult the National Assembly’s publication on Bill 68 (available in French only).

Should you require further information on Bill 68, or have any questions on employment law, please call one of our professionals at (514) 693 1180.