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Sick Leave in BC
After an employee has been employed for 90 consecutive days, they are entitled to take up to five days of paid leave and three days of unpaid leave for personal illness or injury, commonly referred to as 'sick leave'.
When an employee takes sick leave, their employer is entitled to ask for "reasonably sufficient proof" that the employee is in fact ill or injured. Previously, it was standard practice for employers to request a doctor's note, commonly referred to as a "sick note", as proof. According to the BC government's announcement, this practice of asking employees to provide sick notes led to unnecessary medical appointments and strain on the system, taking time away from patients who need to see their doctors and nurses.
When Employers Can Ask for Sick Notes
These changes to the BC Employment Standards Act now mandate that employers can no longer ask for a sick note for an employee's first two health-related absences of five days or less in a calendar year. This means that employers can only request a note from a healthcare provider as reasonably sufficient proof of an employee's illness or injury if:
- the employee takes a sick leave that lasts longer than five days; or
- the employee has already taken two instances of sick leave that year.
It is important to note that employers are still entitled, upon any sick leave, to ask employees for other forms of reasonably sufficient proof of their illness or injury. Whether it is reasonable for an employer to request proof, and what form of proof is reasonable — such as a receipt from a drugstore or pharmacy, or a signed confirmation from the employee — will depend on the circumstances.
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.
