On October 20, 2025, the B.C. Government introduced Bill 30 which would amend the Employment Standards Act (ESA) to grant employees up to 27 weeks of unpaid, job-protected leave if they are unable to work due to a serious personal illness or injury.
Bill 30 has been introduced but has not yet passed or received Royal Assent. If passed, it would mark a significant shift in how long-term medical absences are handled in B.C. workplaces
What Bill 30 would change
Under the proposed amendment, employees who are unable to work because of a serious personal illness or injury would be entitled to up to 27 weeks of unpaid, job-protected leave within a 52-week period, provided they submit a medical certificate confirming they are unable to work.
The proposed extended leave is designed to support employees undergoing long-term medical treatment and recovery, and would bring B.C.’s Employment Standards Act in line with similar protections in other Canadian provinces and with the federal Employment Insurance Sickness Benefits program. Overall, it offers a more structured and predictable framework for both employees and employers when managing extended medical absences.
How this fits with the broader legal landscape
Bill 30 reflects principles found in the common law doctrine of frustration of contract, where an employment relationship can end if an employee becomes permanently unable to work due to illness or injury. However, Bill 30 diverges from frustration in key ways:
- Contract continues: Frustration ends the employment contract, while Bill 30 preserves it during the leave period.
- Job protection: The bill provides job protection and reinstatement rights, which are not guaranteed under common law.
- Time-limited: It introduces a time-limited leave of 27 weeks, whereas frustration is based on permanent incapacity.
Intersection with human rights obligations
Bill 30 also complements the B.C. Human Rights Code, which requires employers to accommodate employees with disabilities to the point of undue hardship. A clear leave entitlement supports accommodation efforts and helps employers navigate complex medical leave scenarios with greater clarity.
Employer considerations
- Update policies: Add the new extended medical leave to your policies, guides, and employee handbooks.
- Train managers and HR: Clarify the difference between short-term sick leave (where medical notes are now prohibited) and extended leave (where certification is required).
- Plan for accommodation: Prepare return-to-work strategies that align with both the ESA and Human Rights Code.
- Monitor legislative progress: Track amendments, effective dates, and regulations to stay compliant as Bill 30 moves forward.
What employees should know
- If passed, you could take up to 27 weeks of unpaid, job-protected leave (in a 52-week period) if a serious personal illness or injury prevents you from working.
- Your employer is entitled to request a medical certificate that confirms you can’t work and gives an expected timeframe for return (unlike with the paid and unpaid statutory sick leaves under the ESA – for more on this, see our blog No More Sick Notes: Understanding British Columbia’s Bill 11 on Short-Term Health-Related Absences)
- While ESA leave is unpaid, you may be eligible for government benefits or employer disability plans – check your coverage and speak with your HR representative.
Have questions about how Bill 30 could affect your workplace or your employment? Contact lawyer Brynna Hambly or any of the other lawyers at Ascent Employment Law.
