On April 15, 2025, the BC government introduced Bill 11, the Employment Standards Amendment Act, 2025("Bill 11"). Bill 11 passed third reading on May 12, 2025 and received royal assent on May 29, 2025. Once in force, it will amend the existing Employment Standards Act1 (the "ESA") to prohibit employers from requiring sick notes for short-term absences, among other minor related changes.
One of the goals of Bill 11 is to reduce the administrative burden on BC healthcare practitioners. According to the BC government news release about Bill 11, BC physicians issued approximately 1.6 million sick notes in 2024 alone. "Unnecessary paperwork robs [doctors] of valuable time to see their patients," said Health Minister Josie Osborne, emphasizing the need to make our healthcare system more efficient.
Incoming Changes
The changes introduced by Bill 11 will take effect after supporting regulations are finalized. The public consultation process to develop these regulations is ongoing, but the government has stated that they will be in force before the fall 2025 respiratory illness season.2
Currently, section 49.1(2) of the ESA allows employers to request "reasonably sufficient proof" of entitlement to sick leave. Bill 11 will replace this with a new provision (section 49.2, "Sick note not required"), which prohibits employers from requesting, and employees from being required to provide, specified health records for certain short-term absences.
This prohibition on sick note requests will only apply to health-related leaves taken in "specified circumstances" and on a "short-term basis", terms that will be defined in the incoming regulations.3 The prohibition will not apply to specified health records required for long-term absences, medical accommodations, or to certify that an injured worker is fit to return to work.4
The BC government also plans to optimize administrative procedures through the new regulations. For example, it aims to digitalize paper-based processes and encourage information-sharing between healthcare providers.5 These specific reforms, developed in collaboration with Doctors of BC and Health Quality BC, are expected to save over 180,000 physician hours annually.6
Approaches in Other Provinces
In addition to engaging in consultations, the BC government may also look to models in other provinces for guidance in drafting the new regulations.
Restrictions on sick note requirements already exist in several other provinces. For example, Ontario recently amended its Employment Standards Act7to prohibit employers from requiring sick notes from qualified health practitioners.8 Post amendment, employees remain entitled to three unpaid sick days per year, but employers may only request "evidence reasonable in the circumstances" – not a medical certificate – as proof of entitlement to sick leave.9
On May 13, 2025, amendments to The Saskatchewan Employment Act10 also received royal assent. Under these changes, employers in Saskatchewan will no longer be permitted to request a sick note, unless an employee has been absent for more than five consecutive working days or has been absent twice for two or more days in the preceding 12 months.11
In Nova Scotia, employers may only request a medical certificate after employees have used all five of their statutory sick days consecutively, or after they have already taken at least two non-consecutive sick days within the last year.12 If BC follows this approach, "short-term basis" may be defined by the eight sick days that employees are entitled to in BC under the ESA and corresponding Employment Standards Regulation13 (i.e., five days of paid sick or injury leave and three days of unpaid leave).14
Regardless, the new BC regulations will likely attempt to strike a balance between protecting employee privacy and providing employers with reasonable oversight.
Tips for Employers
Although Bill 11 is primarily aimed at reducing the administrative strain on healthcare providers and supporting employee health, it will also place new limits on how employers can handle short-term sick leave.
In preparation for the commencement of these amendments, employers should monitor regulatory updates and be ready to revise their sick leave policies accordingly. Employers should also pause before requesting a sick note to consider whether it is necessary, appropriate, and permitted by the applicable legislation.
Thank you to Paul Fader, Temporary Articled Student, for his assistance in drafting this article.
Footnotes
1 Employment Standards Act, RSBC 1996, c 113 [ESA].
2 British Columbia Ministry of Labour and Ministry of Health, News Release, 2025LBR0016-000336, "Sick notes restriction will leave more time for patient care" (15 April, 2025) [BC Ministry News Release].
3 Ibid.
4 Doctors of BC, "Have Your Say: Sick note regulations" (22 May, 2025).
5 BC Ministry News Release, supra note 2.
6 Ibid.
7 Employment Standards Act, SO 2000, c 41 [Ontario ESA].
8 Working for Workers Five Act, SO 2024, c 19 regarding Ontario ESA, supra note 7 at ss. 50(6.1).
9 Ontario ESA, supra note 7 at s. 50(6).
10 The Saskatchewan Employment Act, SS 2013, c S-15.1. [Saskatchewan Act]
11 Bill No 5, An Act to Amend The Saskatchewan Employment Act, s. 12 regarding Saskatchewan Act, supra note 10 at s. 2-40; Government of Saskatchewan, "Employment Standards Amendments Pass" (13 May, 2025).
12 Labour Standards Nova Scotia, "Leaves from Work" (2021).
13 Employment Standards Regulation, BC Reg 396/95 [BC Regulation].
14 See ESA, supra note 1 at s. 49.1 and BC Regulation, supra note 12 at s. 45.031.
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