Sick of sick notes? What employees and employers need to know about changes to the BC Employment Standards Act
For years, BC employees have been playing the game of Sick Note Triathlon: waking up with a sore throat or other symptoms, sprinting to the closest clinic, and waiting behind a dozen other miserable-feeling people to secure a one sentence note excusing them from work. As of November 12, 2025, changes to the BC Employment Standards Act mean this tiring sport has been retired for some short-term medical absences.
For BC employers, these new restrictions on when doctor’s notes can be required have them scrambling to change their policies and processes. The new rule also leaves open questions about what employers can do when there is reason to suspect sick leave abuse.
What are the new rules about sick notes in BC?
The Government of British Columbia has introduced new rules about when employers are permitted to request sick notes for short term medical illnesses. The amendments apply to health-related leaves under the Employment Standards Act, which include absences due to the employee’s own illness or injury as well as the illness or injury of an immediate family member. Note that the amendments only apply to employees who are covered by the Act (for example, certain professions such as lawyers and dentists are excluded).
The change is simple on its face: subject to narrow exceptions, an employer cannot require that an employee provide a sick note for the first two medical absences of five days or less in a calendar year. This protection applies regardless of the type of illness or whether the leave was for the employee or an immediate family member.
The Government’s Policy Interpretation guidelines released with the new rule note that even for the third or subsequent medical absences in a year, if it is a health-related leave under the Act (for example, if it is still within the 8 days sick leave per year protected under the Act), employers are only permitted to request “reasonably sufficient proof.” The guidelines suggest that it is likely not reasonable to request a doctor’s note for a relatively common illness that is short in duration. The Policy Interpretation suggests that a pharmacy receipt for over-the-counter products such as pain medication or verbal or written confirmation from the employee “should likely be sufficient.”
Nowhere in the new rules or Policy Interpretation does the Government address what (if anything) employers can do if they suspect an employee is dishonestly abusing sick leave. For the first two medical absences of five days or less in a year, there is no stated exception for suspected abuse. For the third or subsequent absence, a reasonable suspicion of sick leave abuse may be a basis to require a doctor’s note as “reasonably sufficient proof.”
When can employers ask for doctor’s notes?
After the first two absences in a year, or for any absence of more than 5 consecutive days, a medical note may be requested for health-related leaves under the Act if it is “reasonably sufficient proof” in the circumstances (see above for the Policy Interpretation guidance on this). Sick leaves beyond the protected health-related leaves under the Act are not subject to the “reasonably sufficient proof” restriction and these rules to do not apply.
The Policy Interpretation guideline states that employers are allowed to request medical information, including medical notes, if the information is needed for return to work planning, such as confirmation of fitness to return to work, or to arrange workplace accommodations.
Sick leave entitlements remain the same
Minimum sick leave entitlements still remain the same under the new rules – employees are entitled to a minimum of 5 paid and 3 unpaid sick days per calendar year, provided they have completed 90 consecutive days of employment.
Takeaways for employers, employees and unions
Employers should review their policies to ensure they are compliant with the changes to the Employment Standards Act and ensure management and supervisors are aware of the new restrictions. Many employers have sick leave policies that give the employer discretion to request doctor’s notes for sick leave of any length. These employer policies are now inconsistent with the Act, and if employees are required to provide doctor’s notes at times prohibited by the new rules, they can file complaints with the Employment Standards Branch.
Employees should be aware of their rights and obligations when taking sick leave. Many employers will not be aware of the new rules, and employees may need educate them about their rights when asked for a doctor’s note.
Unions should review collective agreement language and employer policies to assess compliance and ensure that members and employers are informed of these new restrictions on when medical notes can be required.
This blog is not legal advice and only provides general information. Every situation must be considered on its own facts.
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