how many sicks does are you allowed in BC
04Dec

How Many Sick Days Are You Allowed in BC?

How many sick days do employees get in BC, and are they paid?

The rules can feel confusing, especially after recent legislative changes.

Under British Columbia’s Employment Standards Act (ESA), employees who have worked for an employer for at least 90 consecutive days are entitled to:

  • 5 paid sick days per calendar year, and
  • 3 additional unpaid sick days per calendar year

This makes BC one of the provinces with the strongest sick-leave protections in Canada.

Recent updates have also changed when employers can request sick notes, making it important for both employers and employees to understand their rights and obligations.

This article breaks down paid vs. unpaid sick days, documentation rules, employer responsibilities, and what happens when disputes arise.

📍 Not in BC?

If you’re an employee or employer in Ontario, the law works differently.  See our Ontario-specific article about how many sick days you are allowed.

How Many Sick Days Are You Allowed in British Columbia?

Eligible employees in BC receive:

  • Five (5) paid sick days per year
  • Three (3) unpaid sick days per year

These sick days can be used for:

  • Illness
  • Injury
  • Personal medical emergencies

They do not carry over to the next year.

💡Key Point for Employers

If your company offers more generous paid sick leave, that policy must meet or exceed ESA minimum requirements.

If an employer offers fewer than five paid days, the ESA minimums apply automatically.

Are Sick Days Paid in BC?

Yes, five days per calendar year must be paid once the employee has completed 90 consecutive days of employment.

How Pay Is Calculated

  • Paid sick days must be paid at the employee’s average day’s pay, not their hourly rate.

This is calculated using:

  • Total wages earned in the previous 30 days (including vacation pay)
  • Divided by the number of days worked in that period

Additional Paid Sick Benefits

Some employers voluntarily offer:

  • Additional paid sick days
  • Short-term disability (STD)
  • Long-term disability (LTD)

These are not required under the ESA but may come from contracts or group insurance plans.

💡Tip

Employers should clearly outline whether sick leave is paid or unpaid in employment contracts or policy manuals to prevent confusion and disputes.

Do Employees Need a Doctor’s Note in BC? (2025 Rules)

New BC regulations restrict when employers can request a sick note.

❌ Employers CANNOT require a doctor’s note for:

  • The first two health-related absences of 5 consecutive days or fewer per year.

This includes absences for:

  • Minor illness
  • Short-term medical conditions
  • Common viruses (colds, flu, etc.)

✅ Employers MAY request “reasonably sufficient proof” instead

This can include:

  • Self-declaration
  • Pharmacy receipt
  • Medical appointment confirmation
  • Hospital wristband
  • Other non-diagnostic evidence

When a doctor’s note is allowed

A medical certificate may be required if:

  • The absence exceeds five consecutive days,
  • The employee has already used two short-term absences without documentation,
  • The leave relates to accommodation,
  • The employee applies for short- or long-term disability, or
  • The employee requests serious illness or injury leave (up to 27 weeks).

💡Privacy Reminder

Employers may NOT request:

  • Diagnosis
  • Treatment details
  • Prognosis beyond functional limitations

Only necessary information is permitted.

Employee Rights and Responsibilities in BC

Employees must:

  • Notify the employer as soon as reasonably possible
  • Provide documentation when required by ESA rules
  • Participate in any accommodation process in good faith

Employees are protected from:

  • Retaliation
  • Discipline
  • Termination
  • Negative treatment for using ESA-protected sick leave

Violations can result in:

Employer Obligations and Best Practices in BC

Employers must ensure their sick-leave policies comply with BC’s ESA and privacy requirements.

Best Practices for Employers

  • Maintain a written sick-leave policy aligned with ESA minimums.
  • Train managers on privacy, documentation rules, and HR compliance.
  • Avoid asking for unnecessary medical details.
  • Keep accurate records of sick day usage.
  • Apply policies consistently to avoid discrimination claims.

❗ Failure to follow ESA standards may lead to employment standards complaints, penalties, or liability for wrongful dismissal.

What If an Employer Refuses Sick Leave or Retaliates?

Employees can file:

Employment Standards Branch (ESB) complaint

  • For violations of the ESA (e.g., refusal of paid sick leave).

BC Human Rights Tribunal complaint

  • If illness or chronic condition intersects with disability protections.

Wrongful dismissal claim

  • If termination occurs after exercising ESA leave rights.

Employers who retaliate face legal and financial risks.

When to Seek Legal Help

Both employers and employees benefit from legal advice when handling sick-leave issues, especially in cases involving:

  • Documentation disputes
  • Accommodation requests
  • Termination during or after sick leave
  • Conflicts with employer policies
  • Retaliation or discipline
Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Sick leave disputes often arise from unclear expectations or misunderstood rights. Both employers and employees should know where they stand.

Speaking with an employment lawyer early can help prevent conflict and ensure compliance with British Columbia’s laws.” 

Need Help With Sick Leave Issues in British Columbia?

Whether you’re an employer needing compliance guidance or an employee denied paid sick leave, the rules in BC can be complex, especially under the 2025 sick-note limitations.

At Achkar Law, we assist clients across BC with:

  • Drafting and reviewing sick-leave and attendance policies
  • Navigating BC ESA compliance
  • Resolving denied leave or retaliation claims
  • Addressing accommodation and medical documentation disputes

Contact Achkar Law today for advice tailored to your situation.

FAQ: Ontario Sick Days

Three unpaid days per calendar year after two weeks of employment.

Only if provided by your employer’s policy or benefits plan.

Not for absences of three days or less. They may request limited medical confirmation for longer absences or accommodations.

You may file a complaint with the Ministry of Labour or the Human Rights Tribunal of Ontario.

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. ©