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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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How much notice do I have to give to employer to go on sick

Customer Question

Hello. How much notice do I have to give to employer to go on sick leave. I am full time perm on salary at Sears Canada. For 10-14 days only. Do I have to provide details of illness? it is stress leave but I wish to call it medical leave.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening, I would be happy to assist you.

Employees do not have to give notice in order to be absent for illness or medical leave. The very nature of illnesses or unanticipated medical issues make it typically impossible to give any advance notice, except in the case of scheduled surgeries or other treatments.

While an employee is not obligated to disclose the details of an illness, a doctor's note may be required to satisfy the employer that it is a legitimate use of sick leave. Such a note need not disclose the condition or cause, but would simply be a note from a doctor confirming absence from work for medical or health reasons. Stress leave is a recognized medical/mental health issue and you should not worry about this being any different than if you had the flu or a physical injury. It is also improper for an employer to delve into your medical condition, unless it were a case that you required to be on long term disability and required independent verification.

Your entitlement to pay during sick leave is dependent upon the terms of your employment contract, however you cannot be terminated due to a legitimate illness as this would be considered discriminatory and you would then have recourse against them.

I hope that this information is of assistance to you.

I look forward to hearing back from you so that I may ensure that you have all of the information you require.

Please take a moment to leave me a positive rating.

Jim

Expert:  Copperlaw replied 1 year ago.

Good evening;

I thought I'd stop back in and see if you required anything further. Please let me know as I am happy to assist you with any clarification you might need or let me know if we can close the question.

Also, please take a moment to leave me a positive rating as this helps me in building my reputation here on the site.

Warm Regards

Jim

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