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Effective November 12, 2025, the Province of British Columbia has updated the rules under the Employment Standards Act and its regulation regarding short-term health-related leaves and employer requests for medical documentation. Of note for employers in British Columbia, medical notes can no longer be requested for most short-term absences.
Key Changes
Employers in British Columbia are now prohibited from requiring a medical note for an employee's first two absences of five consecutive days or fewer in a calendar year.
Employers can still request a medical note if:
- the employee is absent a third time or more in the calendar year;1
- the absence exceeds five consecutive days; or
- the employer requires medical information to assess fitness to return to work or to determine whether any accommodation is necessary.
Although medical notes are prohibited except as outlined above, employers may still ask for "reasonably sufficient proof" of illness or injury even when a formal sick note is not permitted. This may include a written declaration from the employee, receipts related to treatment, or other reasonable evidence.
Steps for Employers to Take
Employers should update their absence-management and sick-leave policies to reflect the new limits on requesting medical notes and ensure HR staff understand when they can request documentation, and what they can request. It remains important to track absences accurately, make only reasonable requests for proof of illness, and keep medical-information practices aligned with privacy and human rights obligations. Even with these new restrictions on medical notes, employers should still monitor attendance patterns, address potential misuse, and ensure their policies remain consistent with statutory entitlements.
These changes represent a shift for employers in the management of short-term health-related absences in British Columbia. Removing any automatic requirements for medical notes for the first two absences reduces administrative and health-system burdens, while placing new emphasis on effective recordkeeping, clear policies and early communication around longer or repeated absences.
Footnote
1 If a health-related leave straddles the beginning of a new calendar year, the leave is deemed to have occurred in the year in which it began.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
