Canada: British Columbia Restricts Employer Requests for Sick Notes

Effective November 12, 2025, British Columbia employers face new limitations under the Employment Standards Act (the “ESA”) regarding their ability to request medical documentation for short-term health-related absences. These changes reflect a growing trend under provincial employment standards legislation to limit an employer’s ability to request medical documentation for brief periods of absence. 

Scope of the New Restrictions

Under the new provisions of the ESA and associated regulations, employers cannot request a medical note, document, or other record from a health practitioner in relation to a health-related leave if:

• The leave is for five consecutive days or less, and
• In the calendar year, the employee has not taken more than one other health-related leave for a period of five consecutive days or less.

In essence, this means an employee will be entitled to take two health-related leaves each calendar year for which an employer cannot obtain a medical note, provided the leaves are five days or less.

This restriction applies only to leaves related to the health, illness, or injury of the employee or their immediate family and does not apply to documentation that may be required if an employee is on compassionate care leave, critical illness or injury leave, and maternity or parental leave.

Exceptions to the Rule

Employers may still request medical documentation if it is necessary to assess whether:

• The employee is fit to return to work following the health-related leave, or
• The employee requires return-to-work accommodation after the health-related leave.

Practical Implications for Employers

These changes mark a significant shift in how short-term health-related absences are managed in British Columbia. Employers may wish to:

• Review and revise sick leave policies to ensure compliance with the new ESA provisions.
• Train human resource personnel and managers on the updated restrictions and exceptions.
• Avoid requesting medical notes for qualifying short-term health-related leaves unless a return-to-work or accommodation assessment is required.

Looking Ahead

As employment standards legislation continues to evolve, employers must stay informed and be prepared to adapt. The British Columbia sick note restrictions underscore a broader trend toward limiting sick notes for short-term absences. Employers are encouraged to monitor further developments and seek legal guidance when updating policies and procedures related to health-related absences and leave management.