Big Sick Leave Changes You Need to Know for 2026

Heads up, Rascals — governments across Canada quietly rewired sick leave and medical leave rules in 2025. This isn’t optional. This isn’t “nice to have.” And yes, some of your old policies are now officially dinosaurs.

Here’s what changed, in plain English.

 

27-Week Serious / Long-Term Illness Leave Is Now the Norm

By the end of 2025, most provinces have aligned long-term medical leave with EI Sickness Benefits. Translation: employees can now take up to 27 weeks of unpaid, job-protected leave for serious illness or injury.

This applies in:

• British Columbia – ESA serious personal illness or injury leave (27 weeks)
• Ontario – ESA serious medical condition leave (27 weeks)
• Manitoba – Employment Standards Code serious illness or injury leave (27 weeks)
• Nova Scotia – Serious illness or injury leave (27 weeks)
• Newfoundland & Labrador – Long-term illness, injury, or organ-donation leave (27 weeks, in force since Dec 4, 2024)
• Saskatchewan – 27-week leave passed and coming into force January 1, 2026

Important:
Reaching 27 weeks does not mean automatic termination. Human rights accommodation obligations may still apply beyond that point.

 

Sick Notes Are Officially on a Diet

Several provinces have tightened (or removed) employers’ ability to demand doctor’s notes for short-term illness. The era of “prove you had the flu” is ending.

What this means in practice:

• British Columbia – Under Bill 11, you cannot require a sick note for an employee’s first two illness-related absences, up to 5 days each (with limited exceptions).
• Newfoundland & Labrador – The ESA no longer requires sick notes after three days of unpaid sick leave.
• PEI, Nova Scotia, and New Brunswick – These provinces already operate under “reasonable evidence” standards. No new tightening in 2025, but automatic doctor-note rules are not supported.

Bottom line: blanket “doctor’s note required” language is now a legal risk in multiple provinces.

 

Why This Matters (a.k.a. Where Employers Get Burned)

Most compliance issues we see aren’t from bad intentions — they’re from outdated policies being enforced after the law has changed. That’s how you end up with:

• ESA complaints
• Human rights claims
• “Why are we paying a lawyer for this?” conversations

The good news? We already fixed it for you.

 

What You Need to Do as an Employer (5 Minutes, No Drama)

Here’s your checklist:

• Log into your RascalHR account
• Go to the Policy Manual section
• Update the new provincial sick leave and long-term illness policies
  (They’re already written for you — just follow the prompts)
• Download your updated policy manual
• Start administering sick leave according to the new provincial rules

That’s it.

You do not need to announce these changes to staff.
These are administrative, statutory requirements — not discretionary perks or policy “enhancements.”

 

Final Rascal Takeaway

Governments made sick leave longer.
They made sick notes harder to demand.
And they expect employers to keep up.

That’s literally why RascalHR exists.

Log in. Update the policies. Stay compliant.
We’ll handle the rest.

If you want help, reassurance, or a second set of eyes — you know where to find us.

— RascalHR
Taming HR chaos so you don’t have to.