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Below are answers to frequently asked question related to effectively managing absences without sick notes. Read more in our HR Toolkit.

1. How do I handle a situation where an employee is suspected of misusing sick time?

Start by assuming good faith. Most employees use sick time responsibly, and approaching the issue with trust and empathy often resolves concerns before they escalate. If you notice a recurring pattern, such as absences that frequently occur around weekends or major deadlines, document the dates and begin a conversation with the employee when they return to work. See sample scripts in our resources section. 

These check-ins don’t need to be disciplinary. Instead, position them as a chance to understand the employee’s situation and clarify expectations. Return-to-work conversations are a helpful tool, offering an opportunity to assess if there’s an underlying issue, such as a health condition, workplace conflict, or disengagement. If concerns persist despite this dialogue, ensure your sick leave policy includes a clear framework for escalating concerns, such as requesting a self-attestation form, follow-up documentation, or a formal performance discussion. Being consistent, respectful, and clear is key to maintaining trust while addressing potential misuse. 

2. What if I suspect a pattern of misuse but don’t want to be punitive?

Employers often want to address concerning absence patterns without damaging morale or appearing accusatory. A non-punitive approach begins with building a culture of openness and accountability. If you’re concerned about a potential pattern, start by tracking absences in a confidential and non-judgmental way. Keep records of dates, duration, and any reasons provided. 

Then, speak with the employee in a one-on-one meeting. Express your observations factually and invite them to share more context. For example: I’ve noticed you’ve called in sick several Mondays in the last few months. Is everything okay?” Framing it this way shows you’re open to hearing their side, and allows you to explore whether there’s a personal, health-related, or environmental factor contributing to the pattern. 

Using self-attestation forms and return-to-work interviews can help reinforce expectations without defaulting to punitive measures. This approach also creates opportunities to identify and resolve deeper issues early, such as burnout, caregiving responsibilities, or workplace culture issues. 

3. Will removing sick note requirements lead to more absenteeism?

It’s a common concern, but evidence from organizations and jurisdictions that have eliminated sick note requirements shows no increased rates of absenteeism. In fact, many employers report improvements in attendance, employee engagement, and overall workplace trust when the removal of sick note requirements is positioned as part of the organization’s effort to improve morale and engagement. When employees feel respected and trusted, they are more likely to use sick time responsibly and less likely to disengage or misuse leave. 

Requiring sick notes for short-term illness can actually create more disruption. Employees may take more time off to obtain documentation, or worse, come to work while still unwell to avoid the hassle or cost, increasing the risk of spreading illness to others. 

A trust-based approach, supported by clear policies, regular communication, and practical tools like self-attestation forms, can maintain accountability while reducing unnecessary administrative burden and promoting a healthier, more resilient workplace. 

4. How should I handle recurring short-term absences resulting from chronic health conditions?

Absences tied to a recurring or chronic health condition, such as migraines, asthma, or multiple sclerosis, are generally considered non-culpable absenteeism. These are not within the employees’ control and must be approached from a human rights and duty-to-accommodate perspective. When you see a pattern of absences that appears health-related, start by checking in with the employee to express concern and offer support. Ask if there is anything the workplace can do to help. The employee may voluntarily disclose a medical condition, in which case you may ask for supporting documentation on the condition to help guide appropriate accommodations. This may include documentation outlining any restrictions or recommended changes to work arrangements or environment. 

Accommodation might mean offering flexible scheduling, adjusting workload expectations, or allowing remote work. It’s important to treat these cases individually, with compassion, and in compliance with employment law and human rights legislation. These conversations should be confidential and handled sensitively, with a focus on keeping the employee healthy and engaged at work. It is an employer’s legal duty to accommodate medical needs (when supported by a medical professional), up to and including undue hardship. 

5. What are the legal requirements related to illness, disability, and accommodation?

In Manitoba and across Canada, employers have a duty to accommodate employees with disabilities, including both permanent and temporary physical and mental health conditions, to the point of undue hardship. This duty is grounded in human rights law and applies to visible and invisible conditions, for example multiple sclerosis, recurring migraines, depression, and anxiety. It’s important to keep in mind that over half of Manitobans have chronic diseases. 

The accommodation process should be individualized, collaborative, and respectful. Employers can request documentation that outlines the nature of limitations or restrictions (but generally not a diagnosis) to help guide adjustments to work duties, schedules, or environments. Accommodation is not about giving an advantage, it’s about ensuring equal access and opportunity. 

Employers must also avoid actions that could be considered discriminatory, such as penalizing an employee for taking medically required leave. Always seek legal or HR guidance when navigating complex accommodation issues or when you’re unsure how to balance operational needs with employee rights. 

6. What if an employee requests sick time too frequently without explanation?

Frequent sick leave requests can be challenging to manage, especially when they aren’t tied to any disclosed condition. However, frequent absences do not automatically mean misuse. It’s essential to approach the situation with curiosity and neutrality. 

Begin by reviewing your sick leave policy and ensuring it’s being applied consistently across your organization. If the absences are short-term and infrequent but feel excessive overall, schedule a private conversation with the employee. You can say, I’ve noticed you’ve used more sick time than average over the past few months, and I wanted to check in and see if there’s anything going on.” 

This approach opens the door to honest discussion. There may be underlying health or personal issues at play. In some cases, it may prompt the employee to disclose a health condition or request support. In others, it may be a wake-up call that their attendance is being noticed. Use this conversation to reinforce expectations like self-attestation forms or return-to-work meetings to maintain consistency and fairness. 

7. When is it appropriate to require a note from a medical professional?

While sick notes are not recommended for short-term or minor illnesses and injuries, there are still circumstances where medical advice is appropriate and useful. These include: 

  • When an employee requests a formal workplace accommodation under human rights legislation or an employer requests formal medical information as a part of their duty to accommodate; 
  • For return-to-work planning after a prolonged or serious illness or injury; 
  • When an employee is applying for disability benefits or insurance coverage; or 
  • When an employee is applying for a protected leave of absence (in some cases). 

In these cases, a medical note can confirm limitations, restrictions, or necessary adjustments without disclosing a diagnosis. Unless the employee chooses to share more, employers should request the minimum necessary information to support workplace decisions that are directly related to their job, respecting privacy while ensuring a safe and productive work environment. When situations involve more complex accommodations it may be appropriate for an employer to require more information about the diagnosis to appropriately assess an accommodation. Seek legal or HR guidance when navigating complex accommodation issues or when you’re unsure how to balance operational needs with employee rights. 

Note that the completion of medical notes and forms are uninsured services” meaning that they are not paid for by Manitoba Health and there is generally a fee charged by the health care provider. Employers should establish clear policies on if and how they will cover the costs of medical notes. 

Beyond medical notes, if an employee is off for an extended period it is also important to consider broader implications such as access to benefits, and requirements related to Records of Employment (ROE).

8. Can self-attestation forms be used in disciplinary or legal situations?

Yes. Self-attestation forms are a valid and practical way to document employee sick time and can be used as part of a progressive discipline process when necessary. They show that the employee has formally declared the reason for their absence, which can support accountability while maintaining trust. 

If patterns of questionable absenteeism continue, self-attestations offer a consistent record to review. Because the employee has signed the form, knowingly providing false information can be addressed as a misconduct issue. In legal or arbitration settings, this documentation may be helpful in showing that the employer acted reasonably, transparently, and fairly when addressing absenteeism concerns. 

Importantly, self-attestation systems must be applied consistently and supported by a clear sick leave policy outlining when and how the forms are used. 

When managing disciplinary issues such as culpable or suspicious absenteeism, it’s important to seek HR or legal guidance before taking action. Always ensure that employees are treated with respect and that due diligence is followed in compliance with employment and human rights laws. 

9. How do I communicate changes to our sick leave policy with employees?

Effective communication is key to successfully implementing any workplace policy, especially one related to employee health and attendance. Start by preparing a clear and accessible summary of the policy, explaining what’s changing and why. Emphasize that the change is designed to support employee well-being, ensure compliance with applicable laws, reduce unnecessary health care visits, and improve workplace trust. 

Use multiple communication channels: 

  • A written policy update via email or your HR platform; 
  • Team meetings or town halls to discuss the changes in person; 
  • Manager toolkits or talking points to ensure consistency in messaging. 

Allow time for questions and feedback, and provide examples (e.g., when a self-attestation is used, when a note might still be needed). Reinforce that the policy reflects a modern, respectful approach to managing illness and attendance, and that it still includes tools to ensure fairness and accountability. 

10. Who do I contact with more questions or support?

If you need support implementing or interpreting your sick leave policy, consider reaching out to: 

  • Your internal HR team or external consultants and experts 
  • An external HR consulting firm 
  • The Manitoba Employment Standards Branch for information on the Employment Standards Code 
  • Employment lawyers for advice on complex cases involving human rights or disciplinary issues. 

You can also refer to the additional resources included in this toolkit, including template policies, self-attestation forms, and sample communication materials. Don’t hesitate to seek support. Getting your policy right helps build a healthier and more productive workplace for everyone.