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Can You Be Fired for Calling in Sick in BC?
Nobody plans to get sick, but it happens to everyone.
In British Columbia, many employees worry: “Can my employer fire me if I call in sick?”
This is an important question because your job security often depends on how B.C.’s employment laws treat sick leave, probation, and termination.
This article explains when sick leave is protected, what your employer can and cannot do, and how termination works under the Employment Standards Act (ESA), the Human Rights Code, and common law.
📍 Not in BC?
If you’re an employee in Ontario, the law works differently. See our Ontario-specific article about calling in sick.
⚖️ Important
As of November 12, 2025, employers in British Columbia can no longer require a sick note for the first two instances in a calendar year where a worker is absent due to illness or injury for five consecutive days or fewer.
Sick Leave in British Columbia: What You’re Entitled To
Since 2022, employees in B.C. who have worked for at least 90 consecutive days with the same employer are entitled to:
- 5 paid sick days each year
- 3 additional unpaid sick days each year
These are job-protected leaves, meaning your employer cannot fire you just because you use them. Your position, or a comparable one, must be available when you return.
Employers can request reasonably sufficient proof that your absence is due to illness or injury. What counts as proof depends on the length of the absence and the effort required to obtain documentation.
In February 2025, Bill 11 amended the ESA to limit when employers can demand medical notes for short-term absences. Regulations are still being finalized, but the clear direction is that employers should not rely on doctors’ notes as a default requirement.
Can You Be Fired for Calling in Sick?
The law draws an important distinction between just cause termination and without cause termination.
Just Cause
Employers can only dismiss without notice for serious misconduct, such as theft, violence, or gross insubordination. Calling in sick, even repeatedly, rarely meets this standard.
Without Cause
Employers can terminate employment without giving a reason, but they must provide notice or severance under the ESA:
- Less than 3 months of service: No notice or pay required
- After 3 months: At least 1 week of notice or pay in lieu
- After 12 months: At least 2 weeks
- Longer service: Up to 8 weeks maximum
Beyond these minimums, employees are often entitled to additional compensation under common law, known as reasonable notice, which is based on factors such as age, length of service, and the job market.
⚖️ Important
If the real reason for termination is that you took sick leave or have a medical condition, it may be considered reprisal or discrimination, even if the employer provides ESA notice.
Probation in BC: The 3-Month Threshold
Many B.C. employers use a probationary period, typically three months. During probation:
- A valid probation clause may allow termination without ESA notice.
- Employers must still act in good faith and give employees a fair opportunity to succeed.
- Human rights protections still apply, even during probation. Employers cannot terminate someone because of illness or disability, regardless of probation status.
Once you pass 3 months of continuous employment, the ESA notice or pay in lieu applies, even if your employer still labels you “on probation.”
Anti-Reprisal and Human Rights Protections
The ESA prohibits retaliation against employees for exercising their right to sick leave. Terminating someone because they took job-protected sick leave is unlawful.
The B.C. Human Rights Code also protects employees with illnesses or disabilities. Employers have a duty to accommodate to the point of undue hardship, which may mean modified duties, adjusted schedules, or extended leave. Firing an employee instead of accommodating them could amount to discrimination.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“No employee should fear losing their job for taking a legitimate sick day. If you believe your employer penalized you for being ill, it’s important to speak with an employment lawyer to understand your rights and next steps.”
Practical Examples
Example 1: Sick During Probation
- Jane starts work on May 1 and calls in sick in June. Because she is within 3 months, her employer could terminate her without ESA notice if a valid probation clause exists. But if the termination is connected to a disability, Jane could pursue a human rights complaint.
Example 2: Sick After 3 Months
- Mark has worked for 6 months. He takes two sick days and is then terminated. His employer must pay at least 1 week’s wages under ESA, and Mark may pursue common law damages for wrongful dismissal.
Example 3: Retaliation for Sick Leave
- Sarah uses all five of her paid sick days. Her employer fired her the following week, citing “attendance issues.” This is likely reprisal. Sarah could file a complaint with the Employment Standards Branch or a human rights claim if disability is a factor.
What To Do If You Are Fired for Being Sick
If you’ve been terminated after calling in sick, here are your next steps:
- Document everything: Save doctor’s notes, texts, emails, and termination letters.
- Check your contract: Look for probation clauses or termination terms.
- Review your rights: If you’ve worked 3+ months, you’re entitled to ESA notice or pay.
- Explore common law rights: You may be owed more than ESA minimums.
- Seek legal advice: A lawyer can assess whether your firing was wrongful, retaliatory, or discriminatory.
How a Lawyer Can Help
An employment lawyer can:
- Review your contract and ESA entitlements
- Determine if your termination was lawful or a reprisal
- Assess potential human rights or wrongful dismissal claims
- Negotiate severance or represent you before the Employment Standards Branch or Tribunal
In Summary
In B.C., you generally cannot be fired just for calling in sick, especially once you’ve passed the 3-month mark. Even probationary employees are protected from discrimination and retaliation. If you are terminated after taking sick leave, you may have claims under the ESA, Human Rights Code, or common law.
Contact Achkar Law
If you believe you were dismissed because you called in sick, or your employer is pressuring you over legitimate absences, don’t navigate it alone.
At Achkar Law, we help employees across B.C. enforce their rights, challenge unlawful terminations, and pursue fair compensation.
Contact us today for a confidential consultation with a B.C. employment lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©