Bill 68 (Pl 68), an Act primarily to reduce the administrative burden on physicians, passed in October 2024, brings major changes to the management of absences from work. This new legislation transforms your obligations as an employer, particularly with regard to medical tickets and the monitoring of short-term absences.
What is Bill 68, or Act to reduce the administrative burden on physicians?
Bill 68, aimed at reducing the administrative burden on physicians and improving access to healthcare, significantly alters the management of absences from work. In effect since January 1, 2025, employers have seen their stewardship rights limited in terms of the proof of absence they can demand.
Limitation on medical certificate requests
In fact, the Act respecting Labour Standards (LSA) now limits your right to request supporting documents (tickets or medical certificates, for example). The first three absences of three consecutive days or less in a 12-month period can no longer be the subject of a request for a document attesting to the reasons for the absence. This applies to the reasons set out in section 79.1 of the Act: absence due to illness, organ or tissue donation for transplant purposes, accident, domestic violence or sexual violence.
However, it should be noted that under the LTA, absence is without pay, except for the first two days, which must be paid, if they have not already been used for other reasons during the year. Depending on the employee’s situation, he or she may have recourse to his or her group or private insurance plan to receive income replacement benefits.
For absences related to family obligations (related to the health, care or education of the employee’s child or spouse’s child, or for absences due to a family member’s state of health), the employer cannot require a medical certificate for the full ten days stipulated in the LTA, but can request other types of documentation to justify the absence, such as a parking voucher (from a hospital or clinic).
When can an employer request a doctor’s bill?
Two major exceptions still allow the employer to exercise his right to manage and compel supporting documents: from the 4ᵉ day of absence and/or from the 4ᵉ period of absence over a 12-month period (after the employee has been absent three times or from an absence of more than three days).
Also, when an employee invokes reasons other than those mentioned above, as the employer, you have the right to request a document justifying the absence.
Simplify absence management
The new approach introduced by the law considerably simplifies your day-to-day management of short-term absences. As an employer, you can now focus on supporting your employees rather than collecting medical evidence.
We recommend that you revise your internal policies on leave and absences to specify that you impose clear obligations on employees who are absent due to illness or other reasons, for example by mentioning that they have an obligation, as soon as they mention an absence, to provide you with sufficient details to enable you to confirm the validity and duration of their absence. In this way, you obtain information on each absence and can exercise your management rights if an employee refuses, for example, to comply with your policy.
This method complies with the new provisions while maintaining a clear administrative trail. Our team therefore recommends the implementation of a standardized absence declaration process, based on a simple form where the employee indicates the general nature of his or her absence.
A computerized tracking system system also automates the counting of the first three short-term absences over 12 months, making it easier to comply with the new standards without adding to your teams’ administrative workload.
No more systematic medical tickets
Managers can now take a more fluid approach to short-term absences. This new provision significantly reduces the administrative burden on your human resources team, while eliminating the need to collect and manage medical tickets.
Trust becomes the cornerstone of this employer-employee relationship, modernized by the bill. We recommend that you adjust your internal procedures in favor of open dialogue upon return to work, rather than excessive documentation.
For special cases still requiring medical follow-up, such as absences due to an accident at work or occupational illness, your management rights remain intact. Our specialized team is here to support you in the prevention and management of your disability cases.
Impact on your HR management policies
The time to review your HR policies is now. A complete audit of your current procedures will help identify any adjustments needed to deal with short-term absences.
Your employee manuals need to reflect the new rules on medical evidence.
Our recommendation: create a section dedicated to absences of less than three days, separate from procedures for extended absences.
Adapt your practices now
For a successful transition to the new legal framework, start by making your managers aware of the three periods of absence allowed without medical justification.
The adoption of a standardized absence declaration form simplifies administrative follow-up while complying with new requirements. This internal document effectively replaces the old medical tickets for short absences.
Updating your disciplinary procedures now requires a clear distinction between justifiable absences and potential cases of abuse. Rigorous monitoring of reasons for absence helps you to identify situations requiring intervention, without infringing legal rights.
Special cases to be aware of
It is important to note that the restrictions mentioned above concerning medical certificates and supporting documents do not apply to other absences provided for by law. For example, an employer retains the right to require supporting documents from the first day of an absence when presence is required with an affected family member or close friend:
- a disease;
- a serious accident (art. 79.8 LNT);
- absence due to the disappearance of a child (art. 79.10 LNT); or
- absence on the occasion of the death or funeral of certain family members (art. 80 and 80.1 LNT).
What about the unions?
Unionized workplaces face a particular challenge with the coming into force of Bill 68. A thorough review of collective agreements is needed, especially for those provisions that required the presentation of a medical bill or other supporting documentation.
Unionized employers will need to carefully review the provisions of their current collective agreements to identify clauses that conflict with the new requirements of Bill 68. This review will require particular attention to sections dealing with sick leave, family obligations and processes for justifying absences. In some cases, the negotiation of a letter of understanding or an amendment to the collective agreement may be necessary to ensure compliance with the new legislative provisions.
Concrete solutions for your organization
Demers Beaulne’s specialists can guide you in adapting your internal policies. We offer customized support, including analysis of your needs, updating of your documents and development of effective processes.
An article written by Sarah Gagnon-Blackburn.
