New short-term sick leave rules for BC employers take effect

On November 12, 2025, the Government of British Columbia brought into force the new rules regarding short-term health-related leaves under the BC Employment Standards Act and Employment Standards Regulation.

BC employers are now prohibited from requesting a medical note in respect of a worker’s first two health-related leaves of absence of five consecutive days or less in a calendar year.

An employer can still ask for a medical note if:

• the employee is absent a third time or more in a calendar year;
• the employer needs medical information to assess whether the employee: (a) is fit to return to work, or (b) requires accommodation to enable their return to work; or
• the employee is absent for more than five consecutive days.

The government justifies the amendments on the basis that most medical conditions resolve within five days, requiring medical notes every time an employee is sick unnecessarily clogs the medical system, and requiring an employee to get a medical note increases the risk of disease spreading.

Takeaways for employers

BC employers can still remain vigilant regarding employees who are not honest about being sick, but no longer can test the veracity of an employee’s sickness by requiring medical confirmation in respect of the employee’s first two short-term health-related leaves.

For further information, please contact any member of the DLA Piper Canadian Employment and Labour Law Service Group listed here, who will ‎‎ensure that you are acting upon the most up-to-date information as it becomes available.