Big changes are coming to B.C.’s Employment Standards Act (the “ESA”) this fall with the introduction of Bill 11, the Employment Standards Amendment Act, 2025 (“Bill 11”). Once in force, it will prohibit employers from asking employees to provide a sick note for certain short-term health-related absences.
What are the changes?
Under the existing ESA, employers are allowed to request “reasonably sufficient proof” that an employee is sick or injured, which the employee must provide “as soon as practicable.”
Under Bill 11, employers will no longer be allowed to request a sick note, and employees will no longer be required to provide one, for certain short-term absences. The prohibition on sick note requests will only apply to health-related leaves taken in “specified circumstances” and on a “short-term basis” – terms that will be defined in the forthcoming regulations.
The prohibition will not apply to sick notes required for long-term absences, for medical accommodations, or to confirm an injured worker is fit to return to work.
Why the change?
Bill 11 was introduced to help reduce the administrative burden on healthcare professionals by removing the red tape for short-term sick leave. By eliminating the need for sick notes in certain circumstances, the provincial government aims to ease pressure on the healthcare system and enhance the overall health of employees by reducing barriers to taking necessary sick leave.
Potential implications for employers
Until the regulations are released, the full impact of Bill 11 on employers remains uncertain. However, there may be challenges when it comes to managing long-term absences, the duty to inquire, and the duty to accommodate. For example:
- An employee is injured outside of work (e.g. while playing sports) and is unable to attend work on a short-term basis. When they return, the employee is struggling to perform their duties. An employer may want to prevent further injury but requires medical confirmation to assess what accommodations might be appropriate. Without a sick note, it may be harder to assess temporary limitations and decide whether modified duties are appropriate.
- An employee who misses work one or two days every month eventually submits a note regarding a recurring medical condition. The employer is left, on short notice, to consider modified duties, its duty to accommodate under the Human Rights Code and/or scheduling adjustments. Without medical documentation, employers may not be able to recognize the issue, making it more difficult to meet obligations to inquire and/or accommodate an employee in the event work performance may be affected by a disability.
Looking ahead
The specific language of the forthcoming regulations will likely provide employers with some further clarity, so make sure to check back here for updates.
In any case, it is important that employers proactively revise their existing sick leave policies and procedures to align with the new legislation once in effect. Both employers and employees alike should stay informed as the regulations are released to ensure compliance and maintain a healthy workplace environment.
Our team will continue to monitor these changes and provide updates when they become available. If you have any questions regarding compliance with B.C.’s upcoming restrictions on sick notes or want to ensure your employer policies are up to date, contact our team – we’re here to help!
