In April 2025, the BC Legislature introduced Bill 11, Employment Standards Amendment Act. Bill 11 passed third reading on May 12, 2025. Bill 11 will amend the Employment Standards Act (the "ESA") to prohibit employers from requiring employees to provide a note or other documentation from a health practitioner in relation to a health, illness, or injury related leave.
The prohibition will only apply to health-related leaves taken in "specified circumstances" and on a "short-term basis". The forthcoming regulations will define both terms. A consultation process will occur over the Spring and Summer of 2025 with stakeholders that will inform the formation of the regulations. The government plans to implement Bill 11 before the 2025 influenza season.
What Will Bill 11 Change for Employers?
Without definitions, it is unclear to what extent employers will be restricted from requiring an employee to provide documentation in relation to health-related leaves. The Minister of Labour has been clear that the restriction is only intended to apply to leaves of a "very short duration" and employers should still be able to request documents from health practitioners relating to return-to-work processes or accommodation procedures.
Approaches to Sick Note Prohibitions in other Provinces
The regulations will reflect an approach that considers the consultation input. However, the BC government will also consider other provinces' approaches in the regulation-making process. The current approaches in other provinces include:
- In Nova Scotia and Prince Edward Island, employers cannot request documentation related to sick leave unless the employee has already been consecutively absent for all of their statutorily entitled sick days, respectively five (5) unpaid and three (3) paid days. Nova Scotia employers can also request documentation if an employee has already been absent for two or more periods in the preceding year for health reasons.
- Manitoba employers cannot request documentation from employees in relation to an absence unless the employee was absent for seven (7) or more days due to illness or injury in the prior year.
- In Ontario, employers cannot request documentation from a health practitioner for the three (3) unpaid sick days per year.
Takeaways
It remains unclear to what extent Bill 11 will impact employers' rights when an employee takes a short-term health-related leave. The details will be determined after consultation with stakeholders. If BC looks to other provinces for guidance in crafting the regulations, the numerical definition of "short-term basis" may relate to the eight (8) sick days employees are entitled to in BC under the ESA, like the approaches in Nova Scotia and Prince Edward Island.
Besides documentation from a health practitioner, the ESA allows employers to request "reasonably sufficient proof" for the ESA sick leave, which will depend on the context of each sick leave.
Finally, employers should still be permitted to request reasonable medical information connected to accommodating disabilities, fitness for duty, and related situations where employers must comply with human rights and occupational health and safety obligations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
