British Columbia Employers: New Sick Note Rules Now in Effect

Quick Hits

• Effective November 12, 2025, British Columbia’s Employment Standards Act Regulation bars employers from asking for a sick note for a worker’s first two health-related, short-term absences of five consecutive days or fewer in a calendar year.
• Employers can still request reasonably sufficient proof of the employee’s need for leave, such as a receipt from a pharmacy or an attestation from the employee, even though the requirement for a sick note is now more restricted.

Under the current Employment Standards Act, employees in British Columbia are entitled to five paid and three unpaid sick days per calendar year after ninety days of employment. The new regulation specifically restricts when employers can require a sick note from a physician for these short-term absences.

Although the requirement for a sick note is now more restricted, employers remain entitled to request reasonably sufficient proof of the employee’s need for leave. Examples of such documentation include a receipt from a drugstore or pharmacy, a medical identification bracelet from a hospital, or a signed, written attestation from the employee stating that he or she is sick.

Employers are permitted to ask for a sick note if a leave lasts longer than five consecutive days or if the employee takes more than two health-related leave of five consecutive days or less in the same calendar year.

However, even when employers are permitted to request a sick note, employees may still be allowed to provide alternative “reasonably sufficient proof,” depending on the specific circumstances. For instance, it may not be reasonable to demand a sick note from an employee who missed only one day of work due to stomach cramps. Conversely, if an employee exhibits a pattern of absences before or following long weekends, a request for a sick note may be considered reasonable.

Ogletree Deakins Canada offices will continue to monitor developments and provide updates on the Cross-Border and Leaves of Absence blogs as additional information becomes available.

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