Your Time Off Is Protected: A Complete Guide to Job-Protected Leaves in BC

Can my employer fire me while I am on a protected leave in BC?

Not because of the leave. Terminating, demoting, or disciplining an employee for exercising their right to a protected leave is a violation of BC's Employment Standards Act. Where the leave is connected to a disability, family status, or another protected ground, the termination may also violate BC's Human Rights Code. If you were terminated while on or shortly after returning from a protected leave, get legal advice about your options.

Do I get paid during a job-protected leave in BC?

Most job-protected leaves in BC are unpaid under the ESA. However, illness or injury leave provides 5 paid sick days per year after 90 days of employment. Domestic or sexual violence leave provides 5 paid days. For longer unpaid leaves such as parental or pregnancy leave, you may be eligible for Employment Insurance benefits through the federal government, which are separate from your ESA entitlements.

Do I have to give my employer notice before taking a protected leave in BC?

Where possible, you should give your employer reasonable notice before taking a leave. For pregnancy and parental leave, the ESA requires written notice as early as reasonably possible. For emergency or crisis leaves, advance notice is not always possible and the ESA recognizes this. Where the need for leave is unexpected, notify your employer as soon as practicable and confirm the notice in writing.

Do protected leaves apply to part-time or casual employees in BC?

Yes. Job-protected leaves under BC's Employment Standards Act apply to most employees regardless of whether they are full-time, part-time, or casual. Some leaves require a minimum period of employment typically 90 consecutive days before entitlement begins. Check the specific leave type to confirm whether an employment threshold applies to your situation.

Can my employer require me to provide a doctor's note for sick leave in BC?

Generally not for short absences. Recent changes to BC's employment standards restrict employers from routinely requiring medical notes for short-term sick leave in most circumstances. For longer absences, an employer may request reasonable medical confirmation that you were unable to work. You are not required to disclose your diagnosis only that the leave was taken for a valid medical reason.

What should I do if my employer denied my request for a protected leave in BC?

Put the denial in writing and document the circumstances. You can file a complaint with BC's Employment Standards Branch, which can investigate and order your employer to comply. A six-month limitation period generally applies to ESA complaints in BC so act promptly. Getting legal advice helps ensure your complaint is properly framed and captures all the remedies available to you.