Employers’ access to employees’ medical records raises complex legal, ethical and operational challenges. While this information is often essential to managing disability claims, recent reforms — namely Bill 42 (An Act to prevent and fight psychological harassment and sexual violence in the workplace) and Bill 68 (An Act mainly to reduce the administrative burden on physicians) — have reshaped the rules. These changes both reinforce employee privacy protections and more strictly regulate employers’ management powers, creating a new set of compliance challenges.
- A legislative rebalancing
As of September 27, 2024, Bill 42 amended the Act respecting industrial accidents and occupational diseases (AIAOD) to restrict employers’ direct access to medical records held by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). Since then, only a health professional designated by the employer may consult these records — and solely for the purpose of extracting information necessary to exercise the employer’s rights. The professional’s services are subject to a fee. Any employer who seeks to obtain such records directly, by any means, or who uses the information for purposes other than those authorized under the AIAOD, is liable to a fine of up to CA$10,000.
Similarly, as of January 1, 2025, Bill 68 amended the Act respecting labour standards (ALS) to further restrict the employers’ ability to require proof of absence, including medical certificates. Whereas such requests previously had to be reasonable and justified, the law now expressly prohibits employers from requesting supporting documentation for the first three (3) absences of three (3) consecutive days or fewer within a twelve (12)-month period, regardless of the stated reason (illness, accident, violence, etc.). This reform aims to both reduce the administrative burden on healthcare professionals and to provide clearer, stricter rules for managing short-term absences in the workplace.
- Practical consequences for employers
While these legislative changes clearly aim to reinforce the protection of employees’ fundamental rights and to curb potentially abusive practices, they also add complexity to the day-to-day management of disability and absence files. Beyond the additional administrative burden, they raise practical concerns: how can employers, within this more restrictive framework, ensure the full exercise of their rights and at the same time guard against potential misuse by employees?
To learn more, join us for Dentons 2025 HR Insights afternoon on October 21, 2025:
Sarah-Émilie Dubois, senior associate, will provide an in-depth analysis and practical guidance on this topic. Arianne Bouchard and Virginie Dandurand will also discuss the realities of managing workplaces in Québec.
Register here: https://www.dentons.com/en/about-dentons/news-events-and-awards/events/2025/october/21/dentons-hr-insights-2025.
