Workplace Medical Certificates (Sick Notes) in Prince Edward Island

 

A Plain-Language Guide for Employees and Employers

 

Prince Edward Island introduced significant changes to workplace sick leave and medical certificate requirements when the new Employment Standards Act came into force on June 30, 2026.

Among the most notable changes is the new "5-day rule", which limits when employers may request a medical certificate for an employee's illness.

This guide explains the current rules in plain language and answers many of the most common questions from both employees and employers.

Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. The Employment Standards Act establishes minimum employment standards. Employers may provide greater benefits through employment contracts, workplace policies, or collective agreements. If you have questions about your specific circumstances, consult the Employment Standards Act or contact PEI Labour and Industrial Relations.

 

The Short Version

• Employees become eligible for 4 unpaid sick days per year after 30 days of continuous employment.

• Paid sick leave continues to accumulate with years of service:

  • 1 paid day after 1 year

  • 2 paid days after 2 years

  • 3 paid days after 3 or more years

• Employers may generally request a medical certificate only after an employee has been absent for 5 or more consecutive calendar days.

• Medical certificates may now be completed by a broader range of qualified health practitioners who are providing care and are authorized to diagnose within their scope of practice.

• Employees with longer-term medical conditions may qualify for up to 27 weeks of unpaid, job-protected medical leave.

• The new provisions now apply to unionized employees as well.

 

For Employees

 

Do I Need a Medical Certificate?

For most short illnesses, no.

If you are absent for fewer than five consecutive calendar days, your employer generally may not request a medical certificate solely because of that absence under the Employment Standards Act.

This change was introduced to reduce unnecessary medical appointments while allowing healthcare providers to focus on patient care.

 

What Sick Leave Am I Entitled To?

After 30 days of continuous employment, employees are entitled to:

• 4 unpaid sick days each year for illness or injury.

 

In addition, paid sick leave accumulates based on continuous employment:

Continuous EmploymentPaid Sick Leave

1 year1 paid day

2 years2 paid days

3 or more years3 paid days

Once you qualify for paid sick leave, those paid days are generally used before unpaid sick leave.

Employers may establish either a calendar year or another recurring 12-month period for tracking sick leave entitlements. Employees should be informed of which system their employer uses.

Unused statutory sick leave generally does not carry forward into the next entitlement period unless an employer chooses to provide more generous benefits.

 

What Counts as Five Consecutive Days?

The legislation refers to five consecutive calendar days, not five scheduled work shifts.

For example:

• Monday through Friday = five consecutive days

• Thursday through Monday = five consecutive days (including the weekend)

 

Who Can Complete a Medical Certificate?

A medical certificate is no longer limited to physicians or nurse practitioners.

A certificate may be completed by a qualified health practitioner who:

• is providing care to the employee;

• is authorized to diagnose the illness or injury; and

• is acting within the scope of their professional practice.

 

What If I'm Sick Longer Than My Sick Days?

Employees who meet eligibility requirements may qualify for up to 27 weeks of unpaid, job-protected medical leave after completing 90 days of continuous employment.

 

Medical leave may apply to situations including:

• serious illness

• injury recovery

• organ or tissue donation

• gender-affirming care

• certain prescribed medical procedures

 

During an approved medical leave, the employee's position is protected in accordance with the Employment Standards Act.

 

For Employers

 

When Can I Request a Medical Certificate?

Under the Employment Standards Act, employers may generally request a medical certificate only after an employee has been absent for five or more consecutive calendar days.

Requests for medical certificates for shorter absences generally do not comply with the new minimum standards established by the Act.

 

Accept Certificates From Qualified Health Practitioners

Medical certificates may now be completed by qualified health practitioners beyond physicians and nurse practitioners, provided the practitioner:

• is caring for the employee;

• is authorized to diagnose the condition; and

• is acting within their legislated scope of practice.

Employers should review any policies or forms that still specify "physician only" or "doctor's note."

 

Review Your Attendance Policies

Employers should update:

• Employee handbooks

• Attendance policies

• Sick leave procedures

• HR manuals

• Return-to-work documentation

• Medical certificate request forms

Any references to requiring notes after three days should be revised to reflect the current legislation.

 

Sick Leave Tracking

Employers should ensure payroll and HR systems correctly track:

• eligibility after 30 days

• paid sick leave accrual

• unpaid sick leave entitlement

• annual entitlement periods

• available paid leave balances

 

Pay statements should include required information regarding an employee's paid leave entitlement as required under the Employment Standards Act.

 

Remember: These Are Minimum Standards

The Employment Standards Act establishes minimum legal standards.

Employers remain free to provide more generous benefits, including:

• additional paid sick days

• enhanced medical leave

• paid medical appointments

• flexible attendance policies

 

Employment contracts and collective agreements may provide benefits that exceed the statutory minimums.

 

Frequently Asked Questions

 

Can my employer ask why I'm sick?

Yes.

Employers may ask reasonable questions necessary to administer sick leave appropriately. However, for absences of fewer than five consecutive days, they generally may not request a medical certificate solely because of the absence.

 

Can my employer contact my healthcare provider?

Not without your consent, except where another law specifically permits it.

Your medical information remains private.

 

Does a medical certificate need to include my diagnosis?

Generally, no.

A medical certificate usually confirms that you were medically unable to work during a specified period. Your diagnosis is personal health information and is typically not required unless disclosure is legally required or you choose to provide it.

 

Does this apply to part-time employees?

Yes.

The Employment Standards Act generally applies regardless of whether an employee works full-time or part-time, provided the eligibility requirements are met.

 

Can unused sick leave be paid out?

Not usually.

The legislation does not generally require unused statutory sick leave to be paid out when employment ends unless an employment agreement or collective agreement provides greater benefits.

 

Can my employer offer more sick leave than the law requires?

Yes.

Many employers choose to provide additional paid sick leave or more generous benefits than the Employment Standards Act requires.

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Need a Workplace Medical Certificate or Medical Form?

If you require a medical certificate, employer form, insurance form, or another physician-completed document, Formin5 provides a secure online request process.

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Every submission is individually reviewed by a physician. Where additional medical assessment is required, an appointment may be recommended before the document can be completed.

Our goal is to make the process as efficient, secure, and straightforward as possible while ensuring medical documentation is completed appropriately and in accordance with professional standards.

 

Sources

This guide is based on the following resources and reflects the law as of July 2026:

• Government of Prince Edward Island – Employment Standards Act

• Bill 76 – Employment Standards Act

• PEI Labour and Industrial Relations

• Canadian HR Reporter

• Cox & Palmer

• McInnes Cooper

• Benefits Canada

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Because employment legislation may change, readers should verify current requirements before relying on this guide.