Exceptions to Section 49.2 of the Act - Regulation Part 7.02, Section 45.034
Last updated on November 12, 2025Contents:
Summary
Text of Legislation
Policy Interpretation
Related Information
Summary
This section specifies circumstances in which section 49.2 (2) of the Act does not apply to an employee's health-related leave.
Text of Legislation
45.034 Section 49.2 (2) of the Act does not apply in relation to an employee's health-related leave if a specified health record requested by the employer in relation to the health-related leave is necessary to assess whether the employee
(a) is fit to return to work after the health-related leave, or
(b) requires a change to the employee's work or workplace to enable the employee to return to work after the health-related leave.
Policy Interpretation
Employers may ask for a sick note, even where the health-related leave is of less than 5 days' duration and the employee had not taken a prior health-related leave in that calendar year, if the note is required to assess the employee’s fitness to return to work, or to assess what accommodations they may need to return to work, if any.
Related Information
Related sections of the Act or Regulation
ESA