BC Employment Standards: Your Sick Leave Rights in 2026
British Columbia's Employment Standards Act provides some of the most generous sick leave protections in Canada. Since January 1, 2022, BC employees have been entitled to 5 paid sick days per year, in addition to 3 unpaid sick days.
Your Sick Leave Entitlements in Vancouver, Surrey & All BC
Paid Sick Days (5 per year):
- Available after 90 days of employment
- Paid at your regular wage rate
- No medical note required (in most cases)
- Cannot be carried over to the next year
- Apply to full-time, part-time, and casual employees
Unpaid Sick Days (3 per year):
- Available from day one of employment
- Job-protected (employer cannot terminate you)
- No medical note required for short absences
- Can be used for personal illness or injury
When Can Your Vancouver or Surrey Employer Request a Sick Note?
The Employment Standards Act does not explicitly prohibit employers from requesting medical documentation. However, the BC Employment Standards Branch has issued guidance suggesting:
1. For paid sick days: Employers should not routinely require medical notes, as this undermines the purpose of the legislation
2. For extended absences: Reasonable to request documentation after 5+ consecutive days
3. For pattern absences: May request documentation if there's a clear pattern of abuse
4. For accommodation requests: Can request functional limitations documentation under the BC Human Rights Code
What Your Employer CANNOT Do
Under the Employment Standards Act and BC Human Rights Code:
- Cannot fire you for using your sick days
- Cannot require you to find a replacement
- Cannot ask for your specific diagnosis
- Cannot penalize you in performance reviews for legitimate sick leave
- Cannot require you to work from home while on sick leave
- Cannot deduct sick days from vacation entitlement
WorkSafeBC Claims vs. Sick Leave
If your illness or injury is work-related:
- File a WorkSafeBC claim instead of using sick days
- WorkSafeBC covers 90% of your net earnings
- Your sick note protects you from disciplinary action for any absence
- You may need a medical note for the WorkSafeBC claim (different from employer sick note)
Industries with Special Rules
Some BC industries have additional sick leave provisions:
- Healthcare workers: Often have enhanced sick leave in collective agreements
- Construction: WorkSafeBC claims are common; different documentation requirements
- Education: School districts typically have their own sick leave policies above ESA minimums
- Government: BC Public Service has enhanced sick leave benefits
- Forestry/Mining: Remote work locations may have different accommodation requirements
Filing a Complaint
If your employer violates your sick leave rights:
1. Document the violation (save emails, texts, policies)
2. File a complaint with the BC Employment Standards Branch
3. Complaints must be filed within 6 months
4. The Branch will investigate and can order remedies including back pay
How MedLetter Can Help
If you do need a sick note for an extended absence or accommodation request, MedLetter provides:
- Same-day sick notes from CPSBC-registered physicians
- Documentation that meets all BC legal requirements
- Notes that don't disclose your specific diagnosis
- Available 24/7 without a walk-in clinic visit
Related: [Sick Note Vancouver](/online-sick-note-vancouver) | [Sick Note Surrey](/online-sick-note-surrey) | [Online Sick Note BC](/online-sick-note-bc)
Frequently Asked Questions
How many sick days do BC employees get?
Under the BC Employment Standards Act, employees are entitled to 5 paid sick days and 3 unpaid sick days per year after 90 days of employment.
Can my BC employer require a sick note?
Yes, but only for absences of 4 or more consecutive days under the ESA. Employers may have stricter policies in their employment contracts.
Are BC sick days paid?
Yes. BC provides 5 paid sick days per year, making it one of the most employee-friendly provinces for sick leave in Canada.
Can my employer fire me for taking sick days in BC?
No. Taking ESA-protected sick leave cannot be grounds for termination. BC employment law protects employees who use their entitled sick days.