On April 15, 2025 the BC government introduced Bill 11: Employment Standards Amendment Act, 2025. If passed, this amendment will amend the Employment Standards Act (the “ESA”) to prohibit employers from requiring an employee to provide a sick note in order to be approved for a short-term absence due to illness or injury.
The government has indicated the proposed change will only apply to “short-term absences”, which has not yet been defined and which will be established by regulation following a consultation process with stakeholders. While there is no timeline for the consultation, the government has stated that it plans to implement the changes before the 2025 influenza season.
The proposed prohibition on “sick notes” will apply to notes from physicians, nurse practitioners, registered nurses, persons authorized under the Health Professions Act (e.g. dentists, dieticians, psychologists, registered massage therapists), and similar professionals regulated in other provinces and jurisdictions.
Currently, if an employee requests sick leave under the ESA, an employer is entitled to ask for “reasonably sufficient proof”, which depending on the circumstances can include a sick note but may also include other proof such as a receipt from a drugstore, medical bracelet from hospital, or verbal information from the employee. Further, for sick leave that an employer may provide in excess of the minimum sick days under the ESA, employers are free to mandate sick notes from employees to approve the leave. The proposed amendments will now prohibit this for short-term absences.
The proposed amendments mean that “reasonably sufficient proof” under the ESA can no longer include a sick note and employers would not be able to mandate sick notes for other short-term absences due to illness or injury in excess of the minimum ESA sick days.
We will continue to monitor Bill 11 as it progresses through the legislature and provide updates when they become available.
If you have any questions about the proposed changes, contact your Harris lawyer.
