Tell your employer and give proof

Tell your employer as soon as you know you need to take a leave of absence.

If you have to start your leave before talking to your employer, contact them as soon as you can to say:

• why you need the leave, and
• for how long.

Proof that you told your employer

If you speak to your employer in person or by phone, send an email or text message, or give them a note right after. This is to confirm:

• when you spoke, and
• what you said.

That way, you have proof that you told your employer. This will help if your employer tries to punish you for taking time off work.

Proof that you need a leave

Your employer can require you to prove that you need a leave of absence. But they can only require you to give proof that's “reasonable in the circumstances”.

What's reasonable depends on your situation, for example:

• why you need the leave
• how long you need the leave to be
• any past leaves you had or periods when you were away from work
• whether you can get proof of why you need the leave
• how much it would cost to get proof

Proof that you need a sick leave

The law says that your employer cannot require you to give them a medical note from:

• a doctor
• a nurse
• a psychologist

Your employer can only require other proof for your sick leave. For example, they can ask for a hospital bracelet or a receipt from a drug store.

They can also ask for notes from other types of health-care workers, such as a physiotherapist, social worker, or midwife.

Your employer does not have the right to know about your medical condition or treatment.

Proof for other leaves

For a family responsibility leave, your employer might ask you to tell them:

• the name of the family member
• how your family member is related to you
• the reason you need to be away from work

If your family member is sick or injured, your employer does not have the right to know about their medical condition or treatment.

Examples of proof you might use for a family responsibility leave include a letter from your child's school, a receipt from a drug store, or a police report.

To prove you need bereavement leave, you might have to show a death certificate, death notice, or obituary.

To prove you need domestic or sexual violence leave, you might have to show:

• police reports
• court documents
• a letter from a health professional or a counsellor