BC Employer Guide: Creating a Fair Sick Note Policy (2026)
BC employers need to balance documentation needs with employee rights. Here's how to create a policy that's both fair and legally compliant.
## BC Employer Guide: Creating a Fair Sick Note Policy
As a BC employer, you need documentation policies that protect your business while respecting employee rights under the Employment Standards Act and Human Rights Code.
### What BC Law Says
**You CANNOT:**
- Require a note for the first 5 paid sick days (ESA entitlement)
- Ask for a specific diagnosis
- Contact an employee's doctor without consent
- Penalize employees for using their legal sick day entitlements
- Require employees to find their own replacement
**You CAN:**
- Request a note after 3+ consecutive days (if in your policy)
- Ask for confirmation of inability to work
- Request an estimated return date
- Require a fitness-to-return note for safety-sensitive roles
### Best Practices for 2026
1. **Accept online/virtual sick notes** — The College of Physicians and Surgeons of BC recognizes virtual care as legitimate
2. **Don't make it harder than necessary** — Requiring in-person notes when employees are sick is counterproductive
3. **Be consistent** — Apply your policy equally to all employees
4. **Document your policy** — Put it in writing and ensure all employees have access
### Should You Accept MedLetter Notes?
**Yes.** MedLetter notes are issued by CPSBC-registered physicians following a clinical assessment. They are legally equivalent to notes from any other licensed physician in BC.
### Cost Considerations
Many BC employers now reimburse sick note costs or accept free alternatives. Consider:
- Reimbursing the $49 MedLetter fee as a business expense
- Reducing your note requirements to reduce costs for both parties
- Accepting employee self-declarations for short absences
**Learn more about MedLetter for employers — [Contact us](/contact)**