Can You Take Sick Days During Probation in BC?
Starting a new job is stressful enough without worrying about what happens if you get sick. Here's what BC law says about sick leave during probation.
Your Legal Rights
Under the BC ESA, paid sick days require 90 days of employment. This means:
- First 90 days: No paid sick days, but you still have unpaid sick leave protection
- After 90 days: You're entitled to 5 paid + 3 unpaid sick days
However, the BC Human Rights Code protects you from day one:
- You cannot be fired for a legitimate illness (this is disability discrimination)
- Your employer must accommodate your medical needs
- Probation does not remove your human rights protections
The Reality of Probation
While you have legal protections, the practical reality is:
- Employers have more flexibility to terminate during probation
- They may not need to provide "just cause" for termination
- But they still cannot terminate for discriminatory reasons (including illness)
Best Practices During Probation
1. Get documentation — A sick note protects you legally
2. Communicate early — Notify your employer as soon as possible
3. Don't overdo it — One or two sick days is normal; a pattern may raise concerns
4. Know your rights — If terminated after a sick day, consult an employment lawyer
How MedLetter Helps
Having a proper sick note during probation is extra important — it proves your absence was legitimate and protects against wrongful termination claims.
BC Employment Standards: Your Rights
Under British Columbia's Employment Standards Act (Part 6, Division 6), employees who have been employed for at least 90 days are entitled to 5 paid sick days and 3 unpaid sick days per year. Key points:
- Employers cannot require a doctor's note for absences of 3 days or fewer under the ESA
- For absences exceeding 3 consecutive days, employers may reasonably request medical documentation
- The BC Human Rights Code protects employees from discrimination based on disability or health conditions
- WorkSafeBC claims are separate from sick leave entitlements
Statistics: Healthcare Access in BC
According to the BC Ministry of Health (2025-2026 data):
- Approximately 1 in 5 British Columbians lack a regular family doctor
- Average walk-in clinic wait time in Metro Vancouver: 2-4 hours
- Rural BC communities often have no walk-in clinic within 50 km
- Virtual care visits in BC increased by over 300% since 2020
Practical Steps for BC Employees
1. Know your collective agreement - Many BC unions (BCGEU, HEU, CUPE) have additional sick leave provisions beyond the ESA minimum
2. Document your absence - Keep records of when you notified your employer and any symptoms
3. Understand the timeline - Most employers accept notes provided within 5 business days of your return
4. Check your benefits - Extended health plans often cover virtual medical consultations
When a Sick Note May Not Be Required
BC law does not require a sick note for:
- The first 3 days of absence (ESA Section 49.1)
- Bereavement leave
- Jury duty
- Personal emergencies covered under other leave categories
Understanding Mental Health Documentation
Mental health conditions are legitimate medical reasons for workplace absence. The Canadian Mental Health Association reports:
- 1 in 5 Canadians experiences a mental health condition in any given year
- Mental health conditions account for approximately 30% of short-term disability claims
- Anxiety and depression are the most common reasons for mental health-related work absences
- Early intervention and appropriate time off can prevent longer-term disability
What a Mental Health Sick Note Covers
A physician can document:
- Inability to perform job duties due to mental health symptoms
- Recommended duration of absence
- Any workplace modifications needed upon return
- Referral recommendations (without disclosing specific diagnosis to employer)
Your employer is not entitled to know your specific diagnosis. The note only needs to confirm you have a medical condition that prevents you from working.
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.