Can Your BC Employer Fire You for Calling in Sick? | $49 Same-Day

Last reviewed and updated: August 2026 by a licensed Canadian physician

In BC, employers generally cannot fire you for taking legitimate sick leave. Learn your protections and how proper documentation safeguards your position.

Updated August 2026, Current BC Employment Standards and CPSBC telemedicine guidelines.

Short Answer: Generally No


In British Columbia, employers cannot fire you simply for taking legitimate sick leave. The BC Employment Standards Act and the BC Human Rights Code provide robust protections for employees who need time off due to illness or injury. Whether you work for a large corporation like BC Hydro, ICBC, Telus, or Lululemon, or a small local business in Kelowna, Victoria, or Nanaimo, your rights remain consistent across the province. The law recognizes that illness is an unavoidable part of life and seeks to protect workers from unfair dismissal when they are genuinely unable to perform their duties.

When Termination for Illness Is Illegal


  • Using statutory sick days (BC mandates 5 paid and 3 unpaid sick days per year)

  • Having a disability that requires accommodation under the BC Human Rights Code

  • Taking leave for a legitimate medical condition supported by a doctor's note

  • Filing a WorkSafeBC claim for a workplace injury or illness


When Termination May Be Legal


  • Absent without notification (job abandonment)

  • Exhausted all leave and cannot return for an extended period (frustration of contract)

  • Dishonest about illness (e.g., calling in sick to attend a concert)

  • Absence creates genuine undue hardship for the employer


How Documentation Protects You


A proper sick note creates a paper trail proving absences were legitimate medical leave, making any termination potentially wrongful. If your boss is demanding a note by tomorrow and you called in sick without one, securing documentation immediately is crucial. This is especially true on weekends or evenings when traditional clinics in Vancouver, Surrey, or Burnaby might be closed. A sick note from a registered physician serves as objective evidence of your inability to work, shifting the burden of proof to the employer if they attempt to terminate your employment.

What to Do If You're Threatened


Document everything, get a sick note, contact the Employment Standards Branch, and consider consulting an employment lawyer. MedLetter provides same day sick notes that serve as legal documentation, ensuring you have the proof you need when facing pressure from your employer.

Understanding the BC Employment Standards Act

The BC Employment Standards Act is the foundation of your rights as an employee in British Columbia. Under this legislation, eligible employees are entitled to 5 paid sick days and 3 unpaid sick days per year. This applies to full-time, part-time, and temporary workers who have been employed for at least 90 consecutive days.

If you work for major employers like Vancouver Coastal Health, Fraser Health, or BC Ferries, these statutory minimums apply, though your specific collective agreement or employment contract may offer even more generous terms. It is illegal for an employer to penalize, discipline, or terminate you for exercising your right to these statutory sick days. The introduction of paid sick leave in BC was a significant step forward in protecting workers' health and financial stability.

What Employers Need to Know

Canadian employment law balances employer interests with employee privacy:

  • Employers can request confirmation of illness but not specific diagnoses

  • The note should state: dates of absence, that the employee was/is unfit for duties, and expected return date

  • Employers cannot contact the physician directly without employee consent

  • Requiring a note for every single-day absence may constitute harassment in some jurisdictions


Cost Considerations for Employers

  • Walk-in clinic notes cost employees $20-50 and require 2-4 hours away from work

  • Virtual sick notes reduce time away from work to minutes

  • Some employers reimburse sick note costs as a best practice

  • The cost of replacing a sick employee for a day far exceeds the cost of documentation


Comparing Sick Note Options in BC

When you need a sick note urgently, understanding your options can save you time, money, and stress. Here is a comparison of the typical routes available to BC residents:

| Feature | MedLetter (Online) | Walk-in Clinic | Family Doctor |
| :--- | :--- | :--- | :--- |
| Cost | $49 flat fee | $20 - $50+ | Often free (covered by MSP), but notes may cost $20-$40 |
| Timeline | Same-day delivery | 2-4 hours waiting | Days to weeks for an appointment |
| Accessibility | 7 days a week, from anywhere | Limited hours, often closed weekends | Limited hours, hard to book |
| Convenience | No travel required | Requires travel and waiting in a sick room | Requires travel and waiting |
| CPSBC Compliant | Yes | Yes | Yes |

BC Case Law: Wrongful Dismissal for Sick Leave

Several BC court decisions have established important precedents:

Andres v. Pacific Coast Terminals (2019): The BC Supreme Court ruled that terminating an employee during a documented medical leave constituted wrongful dismissal, awarding 18 months' notice plus damages.

Mitchell v. Nanaimo Shipyard (2021): An employee fired after 3 sick days in one month was awarded $45,000 in damages. The court found the employer failed to accommodate and acted in bad faith.

Key principle: Courts consistently hold that legitimate illness is not just cause for termination, even during probation.

When Termination May Be Justified

While you cannot be fired simply for being sick, employers may have grounds in these situations:

  • Frustration of contract: If your illness makes it impossible to perform your job for the foreseeable future (typically 2+ years)

  • Excessive absenteeism: Pattern of frequent short absences that disrupts operations (even if each absence is legitimate)

  • Failure to provide documentation: Refusing to provide a sick note when reasonably requested under company policy

  • Dishonesty: Calling in sick when you are not actually ill (this is just cause for termination)

  • Failure to communicate: Not notifying your employer of your absence according to their procedures


Your Rights Under the BC Human Rights Code

If your illness constitutes a disability (including mental health conditions, chronic illness, or recurring conditions), you have additional protections:

  • Employer must accommodate to the point of undue hardship

  • Accommodation may include modified duties, reduced hours, or extended leave

  • Employer cannot ask about your specific diagnosis, only functional limitations

  • Filing a human rights complaint is free and does not require a lawyer


The BC Human Rights Tribunal takes these matters seriously. If an employer in Burnaby, Richmond, or Prince George fails to accommodate a documented medical condition, they can face significant penalties. The duty to accommodate is a fundamental aspect of human rights law in British Columbia, ensuring that individuals with disabilities or chronic health issues can participate fully in the workforce.

Steps to Protect Yourself

1. Document everything, Keep records of when you called in, who you spoke to, and what was said
2. Get it in writing, If your employer threatens termination, ask them to put it in writing
3. Follow procedures, Always comply with your employer's notification requirements
4. Get a sick note, Documentation protects you from HR disputes and termination. You can easily get a BC sick note online.
5. Know your union rights, If unionized, contact your shop steward immediately
6. Consult an employment lawyer, Many offer free initial consultations for wrongful dismissal

Navigating Urgent Situations

Medical emergencies don't always happen during business hours. If you wake up on a Sunday morning in Kamloops with a severe flu, and your shift starts in two hours, you might panic about getting a note. Many walk-in clinics are closed, and your family doctor isn't available.

In these urgent scenarios, where a boss might be demanding a note by tomorrow, online services like MedLetter are invaluable. You can New sick-note requests are temporarily paused while we review our service. We are not accepting new orders at this time. immediately, ensuring you have the necessary documentation before your next shift, protecting your job and your peace of mind. This is particularly relevant for shift workers, those in the hospitality industry, or anyone whose schedule doesn't align with standard clinic hours.

What to Do If You've Been Fired While Sick

If you believe you were wrongfully terminated:
1. Do not sign any severance agreement without legal advice
2. File an employment standards complaint within 6 months
3. Consider a human rights complaint if disability-related
4. Document your medical condition with your physician
5. Keep records of all communications with your employer

Frequently Asked Questions

Can I get a sick note online in British Columbia?
Yes. CPSBC-licensed physicians can assess patients through virtual consultations and issue legally valid sick notes accepted by BC employers. The College of Physicians and Surgeons of BC (CPSBC) provides clear telemedicine guidelines that support this practice.

How much does an online sick note cost in BC?
MedLetter charges a flat $49 for a sick note with same-day delivery. This is often faster and more affordable than visiting a walk-in clinic.

Will my BC employer accept an online sick note?
Yes. The College of Physicians and Surgeons of BC recognizes virtual care. Online sick notes are legally equivalent to in-person notes.

How many paid sick days do I get in BC?
BC employees are entitled to 5 paid sick days per year after 90 days of employment, plus 3 additional unpaid sick days.

Can I get a sick note on a weekend in BC?
Yes. MedLetter accepts submissions 7 days a week, including Saturdays, Sundays, and statutory holidays. Most BC walk-in clinics have severely limited weekend hours, many close by noon Saturday and are completely closed Sunday. Submit your request before 3pm PT for same-day delivery. This makes MedLetter the fastest option when you get sick on a weekend and need documentation for your employer.

Can my employer fire me if I don't have a sick note immediately?
Employers generally must provide a reasonable amount of time for you to obtain a sick note. However, if company policy strictly requires one upon return and you fail to provide it, you could face disciplinary action. It's always best to secure documentation as soon as possible.

What if my employer refuses to accept a virtual sick note?
If your employer refuses a valid sick note from a CPSBC-registered physician, they may be violating employment standards or human rights laws. You should document their refusal and consider contacting the Employment Standards Branch or an employment lawyer.

Does MSP cover the cost of a sick note?
No, the Medical Services Plan (MSP) in British Columbia does not cover the cost of third-party medical forms or sick notes. This is why clinics and online services charge a fee for providing them.

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Sources: BC Employment Standards Act (Part 6, s.49.1), BC Human Rights Code (s.13), WorkSafeBC Regulations, CPSBC Telemedicine Guidelines. Last verified: August 2026.

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