BC ESA Changes: 2025 Updates and What’s Coming in 2026
Employment laws in British Columbia are evolving, and both employers and employees need to be ready. With new amendments already in effect in 2025 and major changes coming into force in 2026, understanding your rights and obligations under the Employment Standards Act (ESA) is essential.
Whether you’re an employee wondering how the new rules will affect your pay, sick leave, or job security, or an employer looking to stay compliant and avoid costly disputes, this guide explains what’s changing, what’s coming, and how to prepare.
What Is the BC Employment Standards Act (ESA)?
The ESA is the key piece of legislation that sets minimum workplace standards for most employees in British Columbia. It governs fundamental employment rights and responsibilities, including:
- Minimum wage and pay entitlements
- Hours of work and overtime rules
- Vacation and statutory holidays
- Leaves of absence
- Termination notice and severance pay
While the core framework, such as the three-month threshold for termination pay and rules around just cause, remains in place, recent legislative changes and new forthcoming amendments mean significant updates to how workplaces operate.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Employment laws in BC are changing fast, and what worked last year might not protect you today. Whether you’re running a business or managing your career, getting clear legal advice early can make all the difference in staying compliant, and confident.”
1. Minimum Wage in BC: Higher Rates and Inflation Indexing
Effective June 1, 2025, B.C.’s minimum wage increased to $17.85 per hour for most employees regardless of full-time, part-time, or casual status.
This change continues the province’s practice of indexing minimum wage increases to inflation and ensuring workers keep pace with rising living costs.
What’s Next in 2026
B.C. will continue to use inflation-based indexing to set future minimum wage increases. While the exact figure for 2026 has not yet been finalized, employers should budget for another increase in June 2026.
Additionally, sector-specific minimum wage rules for home support, hospitality, or platform (gig) work are under consultation and may be introduced via regulation in 2026.
2. Bill 11 and Medical Documentation: New Sick Leave Rules
One of the most significant ESA changes is coming through Employment Standards Amendment Act, 2025 (Bill 11), which amends the ESA to change how employers can request medical documentation for short-term illness and injury leave.
Currently, employees are entitled to:
- 5 paid sick days per calendar year (after 90 consecutive days of employment)
- 3 additional unpaid sick days
Employers today may request “reasonably sufficient proof” (often a doctor’s note) to support absences.
What’s Changing in 2026
Once Bill 11 comes into force:
- Employers will no longer be able to require a doctor’s note for every short-term sickness absence, unless specified circumstances in regulation apply.
BC Laws - Documentation will still be permitted in defined cases (e.g., recurring absences, work-safety concerns, accommodation needs).
- Employers may still request functional abilities or return-to-work information, but invasive diagnostic details may be restricted.
5. Termination, Probation, and Notice: What Remains the Same and What’s Under Scrutiny
Some of the ESA’s most fundamental provisions remain unchanged, but they continue to be areas of legal focus:
Probation and the 3-Month Rule
Employees are not required to receive termination pay or notice if employment ends within the first three months. However, employers still cannot dismiss for discriminatory or retaliatory reasons.
Termination Notice and Severance
Under the ESA:
- After 3 months: at least 1 week’s notice or pay.
- The maximum under ESA: up to 8 weeks, depending on length of service.
Courts may award greater common-law notice, often many months, depending on age, role, length of service, and job market.
Looking Ahead to 2026
The ESL continues to scrutinize:
- Probationary terminations — especially those without fair assessment or feedback.
- Termination clauses — many of which are struck down if they improperly limit employee rights.
Why These Changes Matter
For employees, these changes mean:
- Stronger wage protection and indexing.
- Expanded privacy rights around medical documentation.
- Greater certainty of job protection for long-term medical recovery.
- Continued access to common-law remedies beyond ESA minimums.
For employers, these changes mean:
- Revising contracts and internal policies.
- Training managers on compliance and record-keeping.
- Preparing for increased legal and operational scrutiny.
- Facing potential ESA-based complaints, audits, or wrongful-dismissal claims if non-compliant.
What Employees and Employers Should Do Now
Employees:
- Check that your pay meets or exceeds the new minimum wage.
- Understand your rights to paid and unpaid sick leave, and upcoming limits on doctors’ notes.
- Know that common-law notice often exceeds the ESA minimums.
- Seek legal advice before signing any termination agreement.
Employers:
- Update your payroll and wage-grids by June 2025 and prepare for another raise in June 2026.
- Revise sick-leave and long-term-illness documentation policies ahead of Bill 11 and the new 27-week leave.
- Audit termination and probation practices to ensure fairness and compliance.
- Keep clear records of job-protected leave, return-to-work practices, and accommodation steps.
- As of June 1, 2025, the minimum wage is $17.85 per hour. Another inflation-linked increase is expected in June 2026.
- Starting in 2026, employers will face stricter limits. They cannot automatically demand medical notes for every short absence but may still request functional abilities information where safety or accommodation requires it.
- No. Employers can terminate without notice in the first three months, but discriminatory or bad faith dismissals are still prohibited.
- Yes. Sector-specific wage and employment protections for gig/platform workers are expected to roll out in 2026.
Final Thoughts
The core principles of B.C. employment law remain the same, but the details are evolving.
With higher wages, stronger medical-leave protections, and increased enforcement on the horizon, now is the time to understand your rights and responsibilities under the ESA.
Taking the right steps now will help you stay compliant, avoid disputes, and move forward with confidence.
Need Help Managing the 2025–2026 ESA Changes?
B.C.’s employment landscape is shifting, and preparation now can save significant costs and stress later. Whether you’re an employee wondering if your rights are being respected or an employer working to stay compliant, legal guidance can help you avoid pitfalls and protect your interests.
At Achkar Law, we support both employees and employers across British Columbia with practical, proactive advice.
We help with policy reviews, contract drafting, severance negotiations, and representation before the Employment Standards Branch or courts.
Call toll-free: 1-800-771-7882 | Email: [email protected]
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. ©