How Many Sick Days Are You Allowed in BC? Paid Leave, Doctor’s Notes, and Your Rights Explained

How Many Sick Days Are You Allowed in BC? Paid Leave, Doctor's Notes, and Your Rights Explained Updated 2025 doctor's note rules in effect

If you work in BC and need to take time off sick, knowing exactly what you are entitled to and what your employer can and cannot ask for matters. BC has some of the strongest sick leave protections in Canada, and recent changes to the doctor's note rules have shifted what employers are allowed to require for short absences. This guide explains your entitlements clearly so you know where you stand.

How many sick days are you entitled to in BC?

Employees with 90 or more consecutive days of service are entitled to 5 paid sick days and 3 additional unpaid sick days per calendar year under BC's Employment Standards Act.

These days can be used for illness, injury, or personal medical emergencies. They apply per calendar year and do not carry over. If your employer's policy provides more paid sick days, you are entitled to the higher amount. They cannot provide fewer than the ESA minimum.

Were you disciplined or terminated after taking sick leave in BC?

Retaliating against an employee for using ESA-protected sick leave is a violation of BC law. You may have grounds for an ESA complaint, a human rights claim, or a wrongful dismissal claim. Get advice promptly.

Call: 1-800-771-7882 Speak With an Employment Lawyer

Your sick leave entitlement in BC at a glance

Paid sick days

5 days per calendar year

Unpaid sick days

3 additional days per calendar year

Eligibility

90 or more consecutive days of service

Carryover

No days reset each calendar year

How paid days are calculated

Average daily pay based on wages earned in the previous 30 days divided by days worked

Job protection

Yes you cannot be fired or penalized for taking protected sick leave

The 2025 doctor's note rules in BC

BC's rules on when employers can require medical documentation have changed significantly. The following applies to short-term absences of five consecutive days or fewer.

Your employer cannot require a doctor's note for

The first two health-related absences of five consecutive days or fewer per calendar year
Short-term illnesses such as colds, flu, or minor medical conditions
Absences that fall within the protected two-instance threshold

Your employer may request reasonable proof instead such as

A self-declaration confirming you were unable to work
A pharmacy receipt
A medical appointment confirmation
A hospital wristband or discharge summary

Where a doctor's note may be required: your employer can request a medical certificate where the absence exceeds five consecutive days, where you have already had two short-term absences without documentation in the year, where the absence relates to an accommodation request, or where you are applying for serious illness or injury leave.

Regardless of what documentation is requested, your employer cannot ask for your diagnosis, treatment details, or prognosis beyond what is necessary to confirm your functional limitations and the qualifying nature of the absence. You are not required to disclose more medical information than is genuinely necessary for your employer to manage the situation.

Your rights when taking sick leave in BC

You cannot be fired, disciplined, or penalized for taking ESA-protected sick leave any adverse action connected to your sick leave may be an ESA violation or a wrongful dismissal

Your job or a comparable position must be available when you return from sick leave

For the first two short-term absences of five days or fewer in a year, your employer cannot require a doctor's note only reasonable alternative proof

Your employer cannot demand your diagnosis or treatment details only confirmation that the absence was for a qualifying medical reason and information about your functional limitations

Where your illness or condition qualifies as a disability under BC's Human Rights Code, your employer also has a duty to accommodate you to the point of undue hardship before taking any adverse action

Were you denied sick leave, required to provide a doctor's note when you should not have been, or disciplined for taking sick leave in BC?

These may all be ESA violations. Get advice on your options before the limitation period for filing a complaint runs out.

Get Legal Advice Or call us: 1-800-771-7882

Frequently asked questions about sick days in BC

How many paid sick days am I entitled to in BC?

Five paid sick days per calendar year, available after 90 consecutive days of employment. You are also entitled to three additional unpaid sick days per year. These days do not carry over they reset on January 1 each year. If your employer's policy provides more than five paid days, you are entitled to the higher amount. If it provides fewer, the ESA minimum of five applies regardless.

Does my employer in BC have to pay me when I am sick?

Yes, for the first five sick days per year once you have completed 90 consecutive days of employment. Paid sick days must be paid at your average day's pay calculated using your total wages earned in the previous 30 days divided by the number of days worked in that period. The three additional sick days beyond the five paid days are unpaid under the ESA, though your employer may offer paid leave beyond the minimum.

Can my employer in BC require a doctor's note when I call in sick?

Not for your first two short-term absences of five consecutive days or fewer in a calendar year. For those absences, your employer can request reasonable alternative proof such as a self-declaration, pharmacy receipt, or medical appointment confirmation. A medical certificate may be required where the absence exceeds five consecutive days, where you have already had two short-term absences without documentation, or where you are seeking accommodation or applying for extended leave.

Can my employer fire me for calling in sick in BC?

No. Taking ESA-protected sick leave cannot lawfully result in termination, discipline, or other adverse treatment. Firing or penalizing an employee for taking protected sick leave is an ESA violation. Where your illness is connected to a disability under BC's Human Rights Code, additional protections and accommodation obligations apply. If you were terminated after taking sick leave, get legal advice about whether you have a wrongful dismissal or human rights claim.

Do BC sick days carry over to the next year?

No. Sick days under BC's Employment Standards Act are provided on a per calendar year basis and unused days do not carry over. Your entitlement resets on January 1 each year. Some employers offer carry-over provisions in their workplace policies beyond the ESA minimum check your employment contract or policy manual to see if additional provisions apply.

What can I do if my employer refuses to give me paid sick days in BC?

You can file a complaint with BC's Employment Standards Branch, which can investigate and order your employer to comply and pay any amounts owed. A limitation period applies to ESA complaints so act promptly. You may also have a human rights complaint where the refusal is connected to a disability. Getting legal advice helps you assess which avenue is most appropriate and builds the strongest possible complaint.

Questions about sick leave rights or other employment standards in BC?

Our team advises employees across British Columbia on sick leave entitlements, employment standards rights, and workplace disputes. 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. ©

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