Réduction de la charge administrative des médecins : de nouveaux défis pour les employeurs

As mentioned by the Minister of Labour, the main purpose of Bill 68 is to improve access to health care by reducing the administrative burden on physicians so that they can focus on providing health care:

“[Our translation] First of all, it’s really crucial to improve access to health care for the benefit of all Quebecers.

[…]

Professionals confirm this and the Fédération des médecins omnipraticiens reiterates: 25% of their work is devoted to administrative tasks, to the detriment, of course, of their primary mission, which is to treat  patients.”[1]

Amendments

To reach this objective, the Act Respecting Labour Standards (hereinafter the “Act”) has been amended. These changes came into force on January 1, 2025, and regulate the rights of employers.

An employer may not require that an employee provide a document attesting to the reasons for an absence for the first three (3) periods of absence not exceeding three (3) consecutive days due to sickness, tissue or organ donation, accident, domestic violence, sexual violence or criminal offence over a twelve (12)-month period. Note that the Act uses the term “document”, which includes, but is not limited to, a medical note.

In addition, an employer may not require a medical certificate to justify the first ten (10) days of absence per year to fulfill obligations related to the care, health or education of the employee’s child or spouse’s child, or due to the health of a relative or person for whom the employee acts as caregiver. However, in these cases, the legislator does not prohibit an employer from obtaining a document of another nature, such as administrative confirmation of an appointment, or proof of parking or travel.

Recommendations

Although these changes limit an employer’s managerial rights, remember that before January 1, 2025, the employer was no more entitled to systematically request a medical note for any absence.

In practice, therefore, the changes introduced by the Act Mainly to Reduce the Administrative Burden of Physicians will have little impact on “repetitive” or “long-term” absences. Indeed, employees must still notify their employer as soon as possible of any absence and the reasons justifying it. Also, an employer may require a medical note for any absence exceeding three (3) days or for the fourth (4th) period of absence in a twelve (12)-month period.

However, the impact of these changes can become more apparent in the case of abusive absences by making it more difficult to keep track of them. To minimize the risk associated with these situations, we encourage employers to remind their employees, through their policy or a communication, that the Act requires them to notify their employer as soon as possible of their absence and to communicate the reason for their absence. This will allow employers to track absences more accurately, facilitating intervention when necessary.

Finally, unionized workplaces will need to review their collective agreements to confirm that the provisions comply with the changes introduced by the Act Mainly to Reduce the Administrative Burden of Physicians.

Our labour and employment law team frequently accompanies and advises employers in the context of employee absences. Please contact us if you have any questions about your rights as an employer.