On November 12, 2025, the government of British Columbia announced that effective immediately new requirements under the Employment Standards Regulation would prevent employers from asking employees for medical notes to support their sick leave.
Under the new regulations, employers cannot ask for a sick note for a worker’s first two health-related, short-term absences of five consecutive days or fewer in a calendar year. A health-related absence includes when an employee or a member of their immediate family is ill or injured.
This new regulation applies to all employees covered by British Columbia’s Employment Standards Act (the “Act”).
This change comes on the heels of recently proposed amendments to the Act introducing serious illness and injury leave protections for workers. The proposed amendment would provide employees with an unpaid job-protected leave for as long as 27 weeks within a 12-month period to undergo medical treatment. This leave would be available to anyone protected under the Act with a medical certificate from their healthcare practitioner supporting their need for the leave. This entitlement is in-line with long-term leave provisions already found in Ontario, Manitoba, Quebec, Nova Scotia and Newfoundland and Labrador employment standards legislation, with Saskatchewan also in the process of developing their own similar provision.
Employers should review and update their sick leave policies and practices to ensure that they align and are compliant with the new requirements. While the new regulation will prevent employers from asking employees for medical notes to support sick leaves on the first two occasions, it will not prohibit employers from asking for a medical note where an employee demonstrates a repeated pattern of taking sick leave (i.e. when sick leave is taken on more than two occasions in a calendar year), or when the sick leave lasts longer than five consecutive days.
If you have any questions, either specific to these amendments or more general advice on how to ensure compliance with other Employment Standards Act requirements, you can contact a member of the MLT Aikins labour and employment group. As one of the largest teams in Western Canada, we help employers to respond quickly and effectively to workforce challenges, providing proactive, practical and innovative advice and assistance on all labour and employment matters.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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