BC Sick Leave Rights Under the Employment Standards Act

British Columbia has some of the strongest sick leave protections in Canada. Since January 1, 2022, every BC employee is entitled to 5 paid sick days and 3 unpaid sick days per year under the Employment Standards Act, and employers CANNOT require a medical certificate for any of these 8 protected days.

Despite these clear protections, many BC workers don't know their rights. Employers routinely demand sick notes for 1-day absences (illegal under the ESA), threaten discipline for taking sick days (a reprisal), or deny paid sick leave to part-time workers (also illegal). This page explains your full BC sick leave rights and what to do when they're violated.

The 8-Day Rule: BC's Core Sick Leave Protection

Under BC's Employment Standards Act, every employee is entitled to 8 sick days per year: 5 paid and 3 unpaid. These days are job-protected, meaning your employer cannot fire you, discipline you, or penalize you for taking them.

Critically, employers CANNOT require a medical certificate, doctor's note, or any other documentation for these 8 days. This is one of the strongest protections in Canada, Ontario only provides 3 unpaid days, and Alberta has no paid sick days at all.

• 5 PAID sick days per year, at your regular wage rate
• 3 UNPAID sick days per year, job-protected
• Total: 8 protected days where NO documentation can be required
• Applies to ALL employees (full-time, part-time, temporary, casual)
• No minimum employment period, rights apply from day one
• Days are per employment year (not calendar year)
• Employers can offer MORE than 8 days but cannot offer fewer
• Paid sick days are paid at the employee's regular wage rate

Who Is Covered by BC's Sick Leave Law

BC's sick leave protections are broad and cover virtually all employees in the province. There is no minimum hours requirement, no waiting period, and no exclusion for part-time or temporary workers.

• Full-time employees, all 8 days
• Part-time employees, all 8 days (paid at regular rate for scheduled hours)
• Temporary and contract workers, all 8 days
• Casual workers, all 8 days
• Probationary employees, all 8 days from day one
• Workers with multiple jobs, 8 days per employer
• NOT covered: independent contractors, federally regulated workers (separate rules)

When Employers CAN Request Documentation

While the ESA protects your first 8 sick days from documentation requirements, there are limited situations where your employer can legitimately request evidence of illness.

• After you've exhausted all 8 protected sick days in the year
• For extended absences beyond the protected days
• They can request 'reasonable evidence', but this doesn't always mean a doctor's note
• A statutory declaration may satisfy the 'reasonable evidence' requirement
• For short-term disability or long-term disability claims
• When required by a valid collective agreement
• For workplace accommodation requests under the BC Human Rights Code

What Employers CANNOT Do Under BC's ESA

BC's Employment Standards Act creates clear boundaries. Violations can result in complaints to the Employment Standards Branch, determinations against the employer, and penalties.

• Cannot require a sick note for any of the 8 protected sick days
• Cannot deny your right to take sick leave
• Cannot fire, discipline, or penalize you for taking protected sick days
• Cannot demand to know your specific diagnosis
• Cannot require advance notice for illness
• Cannot require you to find a replacement before calling in sick
• Cannot count sick days against you in performance reviews
• Cannot make company policies that override ESA minimums
• Cannot deny paid sick days to part-time or temporary workers
• Cannot impose a waiting period before sick leave rights apply

Filing a Complaint with the Employment Standards Branch

If your employer violates your ESA sick leave rights, you can file a complaint with the BC Employment Standards Branch. The process is free, does not require a lawyer, and you have 6 months from the date of the violation to file (with some exceptions).

The Branch can investigate, issue a determination, and order the employer to pay wages owed plus penalties. Retaliating against an employee for filing a complaint is itself a separate violation.

• File online at gov.bc.ca/employmentstandards or call 1-833-236-3700
• Free process, no lawyer required
• 6-month limitation period (with some exceptions for ongoing violations)
• Branch can order compliance and impose penalties
• Retaliation for filing is a separate offence
• Anonymous tips also accepted
• Determinations can be appealed to the Employment Standards Tribunal

BC vs Other Provinces: How BC Compares

BC's sick leave protections are among the strongest in Canada. Here's how they compare to other provinces:

• BC: 5 paid + 3 unpaid days, no note required for any
• Ontario: 3 unpaid days, no note required
• Alberta: 0 paid days, employer can request notes
• Saskatchewan: Banned sick notes for short absences
• Nova Scotia: Banned sick notes for short absences
• Federal: 10 paid sick days for federally regulated workers
• BC has the MOST paid sick days of any province (tied with federal)

FAQ

How many paid sick days do I get in BC?

5 paid sick days per year, plus 3 unpaid sick days. All 8 days are job-protected and no documentation can be required.

Can my BC employer require a sick note?

Not for your first 8 sick days (5 paid + 3 unpaid). After those are exhausted, they can request 'reasonable evidence' which may include a doctor's note.

Do I get paid sick days from day one in BC?

Yes. There is no waiting period. Your sick leave rights apply from your first day of employment.

Can my employer fire me for taking a sick day in BC?

No. Firing or disciplining an employee for taking protected sick leave is illegal retaliation under the ESA.

Do part-time workers get paid sick days in BC?

Yes. Part-time workers get the same 5 paid + 3 unpaid sick days. Paid days are calculated at your regular wage rate for scheduled hours.