Until recently, there was no restriction in BC against employer’s demanding an employee produce a doctor’s note for taking even one day off sick. However, effective November 12, 2025, the Employment Standards Act in British Columbia prohibits requiring doctor’s notes unless:
a. The sick leave lasts more than five consecutive days, or
b. The employee has already taken two sick leaves of five consecutive days or less in the same calendar year.
For the first two sick leaves of five or fewer consecutive days, the Employment Standards Act in British Columbia permit employers to ask for some other form of reasonable proof, which could include receipts for a pharmacy a wristband/bracelet from any hospital admission, or a signed attestation from the employee. The proof does not need to be provided before taking the sick leave but should be provided reasonably quickly upon requestion. It may be unreasonable to ask for any proof if someone calls in sick for one day with a headache.
Note, though, while the Employment Standards Act in British Columbia may permit employers torequest sick notes for lengthier sick leaves and/or the third sick leave taken in a calendar year (and thereafter), the Province of BC Employment Standards website says, “Even if an employer is allowed to request a sick note, an employee may be able to meet the requirement for reasonably sufficient proof without providing one.”
The Employment Standards Act in British Columbia does not apply to all employees, though: it does not apply to federally regulated employees, who are covered under the Canada Labour Code; and it does not apply to certain exempted occupations (including managers, regulated professionals including lawyers, accountants, etc., and several other occupations). If you’re unsure if your workplace is governed by the Employment Standards Regulation, you should call one of our employment lawyers for assistance.
The stated public policy behind this legislative change is to lessen the burden caused on the healthcare system caused by doctors visits just to get the note, and to enhance the overall health of employees by reducing barriers to taking sick
leave (presumably assuming some employees would rather come to work sick than go to the doctor and/or some employees will come in sick when they can’t get in to see a doctor).
You should know the Employment Standards Act in British Columbia requires employersto permit employees with at least 90 consecutive days of employment five paid sick days and three unpaid sick days during a calendar year, which cannot be prorated for someone who started mid-calendar year. You should also know that chronic absence due to illness may not be just cause for termination and may need to be accommodated under human rights legislation.
If you are an employer, seek legal advice before terminating someone for chronic absence due to illness or injury.
If you are an employee, you may benefit from legal advice if you've been fired due to chronic absences due to illness or injury.
If you would like to know more, book a consultation with Ken Armstrong KC of our office.