Sick Leave During Probation in BC
Your Rights During Probation
- Still protected by the Employment Standards Act
- Entitled to unpaid sick leave from day one
- Paid sick days kick in after 90 days
- Cannot be fired solely for legitimate illness
The 90-Day Wait for Paid Sick Days
During your first 90 days, sick leave is unpaid but job-protected.
Making a Good Impression While Sick
- Notify employer as early as possible
- Provide a sick note proactively
- Offer to make up work when you return
- Communicate clearly about return date
Protecting Yourself with Documentation
During probation, documentation is especially important. A sick note proves your absence was legitimate and creates a paper trail protecting against unfair termination.
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
Your Rights During Probation in BC — The Full Picture
Many new employees believe they have fewer rights during probation. While probation does affect termination notice requirements, your health-related rights remain largely intact.
What BC Law Says About Probation and Sick Leave
Under the Employment Standards Act:
- Paid sick days: Available after 90 consecutive days of employment (not after probation ends)
- Unpaid sick days: Available from day one of employment
- Human rights protections: Apply from day one — no probation exception
- Accommodation duty: Employer must accommodate medical conditions from day one
Common Probation Periods in BC by Industry
| Industry | Typical Probation | Sick Note Expectations |
|----------|------------------|----------------------|
| Retail/Hospitality | 3 months | Often required for any absence |
| Office/Corporate | 3-6 months | Usually required after 2+ days |
| Healthcare | 6 months | Required for all absences (patient safety) |
| Construction/Trades | 3 months | Required for safety-sensitive roles |
| Tech/Startup | 3 months | Often flexible/honour-based |
| Government/Public Sector | 6-12 months | Union rules apply from day one |
Can You Be Fired During Probation for Being Sick?
The short answer: It's complicated.
During probation, employers can terminate with less notice (or no notice in the first 3 months under the ESA). However:
- They cannot fire you specifically because of illness (discrimination)
- They can fire you during probation for "not being a good fit" (which is harder to challenge)
- The burden of proof shifts — if you were sick and then fired, you may have a human rights claim
- Document everything — keep records of positive performance feedback before your illness
Strategies for New Employees
1. Learn the policy early — Ask about sick leave procedures during onboarding
2. Build goodwill — Strong performance before any absence strengthens your position
3. Communicate proactively — Notify your supervisor as early as possible
4. Get documentation — Even if not required, a sick note protects you during probation
5. Know the 90-day rule — Your paid sick days kick in after 90 days of employment
6. Keep records — Save any positive performance reviews or feedback emails
What Happens If You're Sick in Your First Week?
This is a common anxiety for new employees. Practical advice:
- Be honest with your employer — most understand that illness doesn't respect start dates
- Offer to make up the time if possible
- Provide a sick note proactively to demonstrate good faith
- Remember: a good employer won't penalize you for legitimate illness
- If they do fire you for being sick in week one, you likely have a human rights complaint
After Probation Ends
Once probation is complete:
- Full termination notice requirements apply (1 week per year of service, up to 8 weeks)
- You're eligible for all company benefits (if not already)
- Sick leave policies remain the same as during probation under the ESA
- Your employment record during probation carries forward
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
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.