BC Sick Leave Rules: Prohibiting Sick Notes for First Two Absences Under 5 Days

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 Bill 11, the Employment Standards Amendment Act, 2025, in May 2025. It amends the BC Employment Standards Act (ESA) to 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:

1. The leave lasts 5 consecutive days or fewer.
2. 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:

1. Personal illness or injury (under ESA s. 49.1).
2. 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 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:

1. Verbal or written employee confirmation.
2. 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:

1. Absences of 6 consecutive days or more.
2. Leaves excluded from the rule, such as maternity (s. 50), parental (s. 51), compassionate care (s. 52.1), or critical illness (s. 52.11).
3. 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, review and update your policies, and support you with any other HR or employee-related matters that may arise. Call for free 24/7 guidance at (1) 833-247-3652.