Can You Take Sick Days During Probation in BC?
Being on probation doesn't mean you have no rights. Here's what BC law says about sick leave during your probationary period.
## 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.
**Get a sick note — [Start here](/get-started/sick_note)**