Home
Resources
Legislative updates
- BC Sick Leave Rules: Prohibiting Sick Notes for First Two Absences Under 5 Days
BC Sick Leave Rules: Prohibiting Sick Notes for First Two Absences Under 5 Days
- Legislative updates
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Summary:
As of November 12, 2025, British Columbia's new sick leave rules under Bill 11 prohibit employers from requesting sick notes for an employee's first two health-related short-term absences of five consecutive days or fewer in a calendar year.
These updates reduce administrative burdens on healthcare providers and cut costs for employees, such as travel or childcare for doctor's visits. The changes apply to leaves for personal illness, injury, or caring for a sick family member, with exceptions for longer absences or specific leave types.
The BC government passed
_blank
Bill 11
, the Employment Standards Amendment Act, 2025, in May 2025. It amends the
_blank
BC Employment Standards Act
(ESA) to
_blank
limit sick note requests
in certain cases, though details came later via regulation. On November 12, 2025, the regulation clarified these limits.
What Are BC's New Restrictions on Asking for Sick Notes?
Employers cannot request a sick note for a health-related leave if:
The leave lasts 5 consecutive days or fewer.
It is the employee's first or second health-related leave of the calendar year.
This prohibition lifts for the third and subsequent short-term absences, but employers must consider reasonableness.
What Counts as a Health-Related Leave Under BC Sick Leave Rules?
Health-related leaves include:
Personal illness or injury (under
_blank
ESA s. 49.1
).
Family responsibility leave to care for a sick family member (under ESA s. 52).
Each type counts separately. For example, a 3-day personal illness in February counts as Leave #1, while a 4-day absence for a sick child in April counts as Leave #2. Employers cannot request sick notes for either.
What If a Leave Crosses Two Calendar Years?
If a leave spans years (e.g., December 29 to January 2), it counts entirely in the starting year (December).
Can Employers Ask for a Sick Note on the Third Absence?
The prohibition does not apply to the third short-term absence. However, employers are still only permitted to request “reasonably sufficient proof” under
_blank
ESA s. 49.1(2)
.
Requests for doctor's notes become unreasonable for common, short-duration illnesses like colds or flu.
In What Cases Can Employers Request a Medical Note for the Third Absence?
For third absences, accept alternative proof such as:
Verbal or written employee confirmation.
Pharmacy receipts (if provided).
Insist on medical notes only in suspected abuse cases with clear patterns. Consult HR experts first. For case-specific advice, call our free employer line at
(1) 833-247-3652
.
Other Situations Where Employers Can Request Medical Documentation
Employers can request documentation in these cases:
Absences of 6 consecutive days or more.
Leaves excluded from the rule, such as maternity (s. 50), parental (s. 51), compassionate care (s. 52.1), or critical illness (s. 52.11).
For return-to-work management or duty to accommodate (e.g., functional limitations or needs).
Need Support with BC's New Sick Leave Rules Under Bill 11?
Peninsula can help. Our HR advisors can provide clarity on employer obligations,
_blank
review and update your policies
, and support you with any other
_blank
HR or employee-related matters
that may arise. Call for free 24/7 guidance at
(1) 833-247-3652
.
FAQs: BC Sick Leave Rules Prohibiting Sick Notes
When can BC employers ask for sick notes?
Only after the first two short-term health-related absences of 5 days or fewer, or in exceptions like longer leaves.
What counts as a health-related leave in BC?
Personal illness/injury or family care for illness under ESA sections 49.1 and 52.
Do personal and family leaves count together?
No, each type counts separately.
What if an absence crosses calendar years?
It counts in the year it starts.
Is a doctor's note always reasonable for the third absence?
No, not for minor illnesses; use simpler proof instead.
Related articles
- September 10th 2025Ontario Bill 149: How to Create a Pay Transparency Policy for Your BusinessLegislative updatesCharlie Herrera VacaflorEmployment Law & HR Content Senior Consultant
- June 10th 2025DEI in the Workplace: How to Promote Diversity, Equity and InclusionEquality & DiversityKiljon ShukullariHR Advisory Manager
- June 2nd 2025Pride Month: How to Make Your Workplace LGBTQ2S+ InclusiveEquality & DiversityKiljon ShukullariHR Advisory Manager
Back to resource hub