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Can You Be Fired for Calling in Sick in BC?
Many BC employees worry that calling in sick puts their job at risk. The short answer is that in most cases, your employer cannot fire you simply for taking legitimate sick leave. BC's Employment Standards Act provides job-protected sick days, and additional protections under the BC Human Rights Code apply where illness is connected to a disability. Understanding exactly what protection you have and what to do if your employer crosses the line is essential.
BC's Employment Standards Act provides job-protected sick days. Terminating an employee for using protected sick leave may be a wrongful dismissal. Where the illness is connected to a disability, termination instead of accommodation may also violate BC's Human Rights Code.
Were you terminated or disciplined after calling in sick in BC?
If your employer fired or disciplined you after you used sick leave, you may have a wrongful dismissal claim or a human rights complaint. Get advice before the limitation period runs out.
Call: 1-800-771-7882 Speak With an Employment LawyerYour sick leave entitlements in BC
The legal protections that apply when you call in sick
ESA job-protected sick leave
BC's Employment Standards Act provides job-protected sick days. Your employer must allow you to take these days and cannot terminate, discipline, or penalize you for using them. On return you are entitled to your same position or a comparable one.
Human Rights Code accommodation
Where your illness qualifies as a disability under BC's Human Rights Code, your employer has a duty to accommodate you to the point of undue hardship. Terminating you instead of exploring accommodation may constitute discrimination, regardless of how many sick days you have used.
Anti-reprisal protection
Terminating or disciplining an employee for exercising their right to sick leave is a reprisal prohibited under the ESA. This applies regardless of whether the employer had other stated reasons for the termination, particularly where the timing is connected to the sick leave.
Wrongful dismissal
Where a termination is connected to sick leave and does not meet the threshold for just cause, it may be a wrongful dismissal entitling you to notice, severance, and potentially additional damages. The timing of a termination relative to sick leave is closely scrutinized by courts and tribunals.
When firing after sick leave may be wrongful dismissal
Courts and tribunals in BC look closely at the timing and circumstances of a termination that follows sick leave. A termination that occurs shortly after sick leave, particularly where no other reason is documented, raises a strong inference that the leave was a factor. Even where an employer states a different reason, evidence showing the real motivation was the employee's illness or disability can support a wrongful dismissal or human rights claim.
Situations that may give rise to a legal claim
Were you fired after calling in sick in BC?
If your termination was connected to sick leave, illness, or a disability, you may have a wrongful dismissal claim or a human rights complaint. Get advice before the limitation period runs out.
Find Out If You Have a Claim Or call us: 1-800-771-7882What to do if you were fired after calling in sick in BC
Document everything
Save all relevant communications including emails, text messages, your termination letter, medical notes, and records of your sick leave requests. Documentation of the timeline when you called in sick and when the termination occurred is critical evidence.
Do not sign any release without legal advice
If your employer has offered a severance package and asked you to sign a release, do not sign until you have had the situation reviewed by a lawyer. A release waives your right to pursue additional claims including human rights complaints. Get advice first.
Get legal advice promptly
Limitation periods apply to wrongful dismissal and human rights claims in BC. The general limitation period for wrongful dismissal is two years. Human rights complaints must generally be filed within one year of the last incident. The earlier you get advice, the more options you have.
Frequently asked questions about being fired for calling in sick in BC
Can you be fired for calling in sick in BC?
Generally no. BC's Employment Standards Act provides job-protected sick days and prohibits retaliation against employees for using them. Terminating an employee for taking legitimate sick leave may be wrongful dismissal. Where the illness is connected to a disability, termination instead of accommodation may also violate BC's Human Rights Code.
How many sick days do employees get in BC?
Under BC's Employment Standards Act, employees who have worked for the same employer for at least 90 consecutive days are entitled to 5 paid sick days and 3 unpaid sick days per calendar year. These are job-protected leaves. Your employer cannot terminate, discipline, or penalize you for using them.
Can you call in sick during probation in BC?
Yes. Sick leave entitlements apply after 90 consecutive days of employment. Even before that threshold, terminating an employee during probation because of illness or disability may violate BC's Human Rights Code regardless of any probationary clause in the employment contract. Human rights protections apply from day one.
How many times can you call in sick before being fired in BC?
There is no specific number of sick days that automatically results in termination. Employees who qualify for job-protected sick leave can use those days without being fired for doing so. Where absences go beyond statutory entitlements, are unrelated to genuine illness, or involve repeatedly ignoring reasonable workplace policies, the situation becomes more complex. Even then, employers must follow proper termination procedures and may owe notice or severance.
Can my employer require a doctor's note when I call in sick in BC?
Generally not for absences of five days or fewer. Recent changes to BC regulations restrict employers from routinely requiring medical notes for short absences. For longer absences or where accommodation is being requested, reasonable medical confirmation may be required. Your employer cannot demand your diagnosis or detailed medical information only confirmation that you are unable to work and the expected duration.
What if my employer says my termination was for a different reason?
Where the stated reason for termination does not reflect the real reason, and the real reason was connected to sick leave or illness, courts and tribunals will look at the full circumstances including the timing of the termination relative to the sick leave. A termination that occurs shortly after sick leave with no documented pre-existing performance concerns raises a strong inference that the leave was a factor. Get legal advice to assess whether the stated reason holds up.
Were you fired after calling in sick in BC?
If your employer terminated you in connection with sick leave, illness, or a disability, our team can help. We advise employees across BC on wrongful dismissal claims and human rights complaints. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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. ©