BC Human Rights Code and Medical Documentation
The BC Human Rights Code provides significant protections for employees regarding medical privacy in the workplace. Understanding these rights is crucial when your employer requests a sick note or medical documentation.
What Your Employer CAN Ask For
A legitimate sick note request is limited to:
- Confirmation of absence: That you were unable to work on specific dates
- Expected return date: When you anticipate returning to work
- Functional limitations: What tasks you cannot perform (for accommodation)
- Fitness to return: Confirmation you're medically cleared to resume duties
What Your Employer CANNOT Ask For
Under the BC Human Rights Code and BC PIPA:
- Your specific diagnosis or medical condition
- Details about your treatment or medications
- Your complete medical history
- Information about mental health conditions beyond functional limitations
- Whether you're seeing a psychiatrist or psychologist
- Details about substance use treatment
- Information about reproductive health
The Duty to Accommodate
Under the BC Human Rights Code, employers have a duty to accommodate employees with disabilities (including temporary illness) to the point of undue hardship. This means:
1. They must accept reasonable documentation: A note confirming inability to work is sufficient
2. They cannot demand excessive information: Asking for diagnosis goes beyond what's needed
3. They must explore accommodation options: Modified duties, flexible hours, gradual return
4. The standard is "undue hardship": They must prove accommodation is impossible, not merely inconvenient
Filing a Human Rights Complaint
If your employer:
- Demands your specific diagnosis
- Refuses to accept a legitimate sick note
- Retaliates against you for taking sick leave
- Fails to accommodate your medical needs
You can file a complaint with the BC Human Rights Tribunal:
- Must be filed within 1 year of the incident
- Free to file
- Can result in compensation for lost wages, injury to dignity
- Mediation is offered before a hearing
How MedLetter Protects Your Privacy
MedLetter sick notes are designed to meet legal requirements while protecting your privacy:
- Confirms dates of absence and inability to work
- Does NOT disclose your specific diagnosis to your employer
- Includes functional limitations only if needed for accommodation
- Meets all BC Human Rights Code requirements
- Issued by a CPSBC-registered physician
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 all BC employers.
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.