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On November 12, 2025, amendments to British Columbia's Employment Standards Act and Employment Standards Regulation came into force, limiting when employers can request medical documentation for short-term health-related leave.
Background
Provincially regulated employers in British Columbia must provide eligible employees with five paid and three unpaid days of health-related leave per calendar year.1 Historically, employers could request that employees provide them with "reasonably sufficient proof" to show that an illness or injury was the basis for their absence, typically in the form of a medical note.2
Over time, this approach drew increasing criticism, with healthcare professionals and policymakers viewing it as an unnecessary burden on both employees and the healthcare system, particularly for minor illnesses that generally resolve within a few days.
On April 15, 2025, the Ministry of Labour introduced Bill 11, the Employment Standards Amendment Act, 2025, which proposed restricting employers from requesting medical notes in specified circumstances related to short-term health-related leave.3
Legislative Amendments
On November 12, 2025, Bill 11 came into force and amended both the Employment Standards Act and the Employment Standards Regulation. 4 As of that date, employers are prohibited from requesting medical documentation for an employee's short-term health-related leave if:
- the absence is five consecutive days or fewer, and
- the employee has not already taken more than one other short-term health-related leave of five days or fewer in the same calendar year.
These restrictions are limited to two qualifying absences per calendar year and any unused leave does not carry forward.
Employers retain the right to request medical documentation when assessing an employee's fitness to return to work or to determine appropriate accommodations where necessary. The amendments do not affect other statutory leaves, including maternity, parental, compassionate care, or critical illness leave. For a third or subsequent short-term absence, employers may request, and employees must provide, reasonably sufficient proof that the leave is medically necessary. This may include a medical note, though one is not always required.5
Key Takeaways for Employers
Employers should take immediate steps to revise their sick leave policies and practices to comply with the new legislative framework. Specifically, any language requiring medical notes for an employee's first two short-term absences in a calendar year should be removed. Human resources and management teams should receive training to apply these rules accurately, ensuring that medical documentation is not requested where prohibited or where it is unreasonable to do so.
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Footnotes
1. Employment Standards Act, RSBC 1996, c 113,
s. 49.1; Employment Standards Regulation, BC Reg 396/95,
s. 45.031.
2. Employment Standards Act, RSBC 1996, c 113, s.
49.1(2).
3. Ministry of Labour, BC Government News Release,
April 15, 2025.
4. OIC 1155/95, (2025).
5. Employment Standards Act, RSBC 1996, c 113, s.
49.1(2).
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.
