The workplace health policies in British Columbia have changed with the introduction of new restrictions on sick notes for short-term absences. Employers should make efforts to understand these changes and inform employees accordingly.
This article breaks down the new requirements under the Employment Standards Act (ESA) and discusses how these adjustments fit into the broader trend of employee protections for privacy while balancing employer compliance needs.
What are the new sick note restrictions for British Columbia employers?
On November 12, 2025, new rules took effect under the British Columbia ESA and related regulation that sharply restrict an employer’s ability to request doctor’s notes from employees taking short-term health-related leave. These restrictions continue a trend under Canadian provincial law of limiting an employer’s right to request medical certification for brief absences due to illness or injury.
Before November 12, British Columbia employers had the right to request medical documentation or other reasonably sufficient proof from an employee for health-related leave. This proof helped employers determine whether the employee’s absence was due to an actual illness or injury or was just a ruse to wrongfully take time off.
Under the new ESA provisions, however, employers are now barred from requesting notes, documents, or other records from a health practitioner relating to health-related employee leave if:
- The leave is for five or fewer consecutive days.
- The employee has not taken more than one other health-related leave of five or fewer consecutive days during the calendar year.
In other words, employees can take two health-related leaves per calendar year, and their employer cannot request a sick note for either leave if the absences are for five days or less.
Exceptions
These new certification restrictions only pertain to leaves under ESA relating to the health condition, illness, or injury of the employee or their close family members and do not affect medical documentation that may be needed if an employee is taking maternity leave, parental leave, compassionate care leave, or critical illness or injury leave.
Additionally, employers can still request a doctor’s note when:
- The employee is absent for a third time or more in a calendar year.
- The employer needs medical information to determine if the worker is ready to return to work or requires accommodation to enable their return.
- The employee is absent for more than five consecutive days.
Key takeaway
A primary purpose of these new rules, according to the British Columbia government, is to reduce unnecessary and time-consuming paperwork requests to busy health-care providers which will give them more time to treat patients. The changes aim to ease the burden on healthcare professionals and protect employee privacy. Employers, however, are still free to seek other reasonable proof of illness or injury for short-term leave such as a signed statement from the employee that they are sick, a pharmacy prescription receipt, or a hospital medical bracelet.
As always, employers are encouraged to seek legal advice if they are unclear regarding the rules and procedures to follow when requesting medical documentation or other medical proof from a worker or their health practitioner. By staying proactive and up to date, workplaces can navigate these changes smoothly and continue fostering a culture of transparency and respect.
See our Compliance Navigator Hub for more proactive employer compliance strategies.
Paul Kramer
DIRECTOR OF COMPLIANCE | WORKFORCE SOFTWARE, AN ADP COMPANY
Paul Kramer, JD, is an experienced employment law attorney and has been the Director of Compliance at WorkForce Software for over ten years. He researches and stays abreast of employment laws in the United States, Canada, and elsewhere in the world. Before joining WorkForce Software, Paul was in private practice, representing employers in employment law issues for almost two decades and representing companies of all sizes in many industries.