BC Hospitality Workers & Sick Notes: Your Rights in 2026
BC's hospitality industry employs 300,000+ workers. Here's what the law says about your right to call in sick — and when you actually need documentation.
## BC Hospitality Workers & Sick Notes: Know Your Rights
British Columbia's hospitality industry — restaurants, hotels, bars, tourism operators — employs over 300,000 workers. It's also the industry where workers face the most pressure to work while sick. Here's what the law actually says.
### Your Rights Under BC's Employment Standards Act
| Right | What It Means |
|---|---|
| 5 paid sick days per year | All employees, including part-time and casual |
| 3 additional unpaid sick days | Total of 8 protected days per year |
| No sick note for first 5 days | Employer CANNOT require a note for paid sick days |
| Job protection | Cannot be fired or have shifts cut for legitimate illness |
| No "find your own replacement" | Not your legal responsibility |
### Common Employer Violations in Hospitality
**Violation 1: "You need a doctor's note for any absence"**
Illegal. BC law prohibits requiring a note for the first 5 paid sick days.
**Violation 2: "Find someone to cover your shift or you're fired"**
Illegal. Scheduling is the employer's responsibility, not yours.
**Violation 3: "You don't get sick days — you're part-time"**
Illegal. All employees get 5 paid sick days after 90 days of employment, regardless of hours.
**Violation 4: "We'll cut your shifts if you call in sick too much"**
Illegal. Reducing hours as retaliation for legitimate sick leave is a violation of the ESA.
**Violation 5: "You're still in probation, no sick days"**
Partially true — paid sick days start after 90 days, but you still have unpaid sick day protections from day one.
### When Hospitality Workers DO Need a Sick Note
You may need documentation if:
- Your absence exceeds 5 consecutive days
- You're applying for EI Sickness Benefits
- You need ongoing accommodations (e.g., no heavy lifting after injury)
- You're requesting a leave of absence beyond your 8 ESA days
- Your employer's written policy requires it for absences over 5 days (this must be a pre-existing policy)
### Food Safety and Sick Leave
Under BC's Food Safety regulations, food handlers with certain symptoms are **legally required** to stay home:
- Vomiting or diarrhea
- Jaundice (yellowing of skin/eyes)
- Fever with sore throat
- Infected wounds on hands/arms
**Your employer cannot pressure you to work with these symptoms.** If they do, they're violating both employment standards and food safety regulations.
### Industry-Specific Challenges
| Challenge | Your Right |
|---|---|
| "We're short-staffed" | Not your problem — staffing is management's job |
| Tip loss from missed shifts | Cannot be penalized, but tips are only earned when working |
| Seasonal employment | Same rights apply regardless of contract duration |
| Multiple part-time jobs | Each employer owes you separate sick days |
| Cash-in-hand work | Still covered by ESA if you're an employee |
### What to Do If Your Rights Are Violated
1. **Document everything** — Save texts, schedules, and communications
2. **File with Employment Standards Branch** — Free, anonymous complaints accepted
3. **Contact the Workers' Advisers Office** — Free legal advice for BC workers
4. **Know the limitation period** — File within 6 months of the violation
### How MedLetter Helps Hospitality Workers
Hospitality workers often can't afford to spend their day off in a walk-in clinic. MedLetter provides:
- Same-day sick notes from CPSBC-registered physicians
- Documentation for extended absences beyond 5 days
- Workplace accommodation letters for injuries
- Letters supporting EI Sickness Benefit applications
- $49 flat fee — less than a typical shift's tips
**Need a sick note? [Get started here](/get-started/sick_note)**