New Rules on Sick Notes
BC Employers: There has been an important update to the Employment Standard Act on the requirement for a medical note when an employee take a sick day. Here is an overview of the changes you need to know:
Effective immediately, under the new employment standards 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.
What does that mean?
When an employee is off work due to illness (ex. they have the flu, they injured themselves, they need a mental health day) for 5 days or less, you can no longer request a doctor's note. Only when this happens more than two times in a calendar year, can you ask for a medical note to support the continued absences.
What's changed?
Until now, employers have been able to ask for reasonable proof of illness, which typically meant a doctor's note. There were no guidelines around when a doctor's note could be requested and in which circumstances which meant that employers could request a doctor's note even if the employee was only off for one day. The new regulations require employers to only ask for a doctor's note when the absence is more than 5 days in a row or the employee has had more than two shorter health-related absences.
When can you ask for a doctor's note?
You can request a medical note when the employee is off work (because of illness or injury) for more than 5 days in a row. You can also ask for a medical note if the employee has taken less than 5 days in a row AND it happens more than 2 times in the same year.
Can I still ask for reasonable proof?
Yes, as long as it is reasonable to do so, employers can still ask for reasonable proof of absence. For example, reasonably sufficient proof could be one of the following:
Receipt from a drugstore or pharmacy
Medical “bracelet” from a hospital
A signed confirmation from the employee stating that they are sick
Some things you should consider are the length of absence, if there is a pattern of absences happening, and if there is reasonable proof they are able to provide.
What do I need to do now?
It's time to update your practices by making sure your sick time policy in your employee handbook is up to date and the changes have been communicated to your management team. Send us an email if you need support with these updates!
Read more on the Government of BC Press Release here: https://news.gov.bc.ca/releases/2025LBR0041-001106