As of November 12, 2025, B.C. Employment Standards Act (ESA) was updated to change the requirements around sick notes. This change limits employers from asking for sick notes. With this new change, employers cannot ask for a sick note for a worker’s first two short-term absences due to personal illness or injury, as long as each absence is five days or less in a calendar year. Two short-term absences means two separate times away from work. The new regulations set a minimum standard and apply to all employees covered by the ESA.
Employers can still ask for “reasonably sufficient proof” that a worker needed the time off. This usually means documentation of the worker’s illness or injury. Examples include:
- Receipt from a drugstore or pharmacy,
- Medical “bracelet” from a hospital, or
- A signed confirmation from the employee stating that they are sick
Workers must be given reasonable amount of time to provide this proof, and employers must respect privacy when asking for medical information.
Employers can still ask for a sick note, but only when:
- the employee has a third or later absence in the same calendar year,
- the employer needs information to know if the worker is able to return to work, or needs accommodation, or
- the employee is away for more than five consecutive days.
Even in these cases, a worker might still meet the requirement for “reasonably sufficient proof” without giving a sick note. What counts as reasonable depends on the situation. Things to consider include:
- Length of the absence
- For example, it may not be reasonable to expect proof if an employee only missed one day due to a migraine.
- Pattern of absences
- For example, if a worker is often sick before long weekends, it may be reasonable for the employer to ask for proof
- Whether proof is available
- For example, if the employee has returned from leave and is no longer ill, they may not be able to get proof after the fact
In all cases, employers should use good judgment and consider the circumstances before deciding what proof is needed.
For more information, you can contact your AgSafe Regional HR Consultant. They can help explain how these new rules apply to your workplace and answer any questions you may have.
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