Serious Illness or Injury Leave in BC: Up to 27 Weeks of Job Protection and What It Means for You

If a serious illness or injury is keeping you from work in BC, the law now provides up to 27 weeks of job-protected leave giving you the time to focus on treatment and recovery without risking your position. This leave was introduced to bring BC in line with federal Employment Insurance Sickness Benefits and applies to a wide range of medical conditions. Knowing what you are entitled to, what your employer can and cannot ask for, and how this leave interacts with EI benefits is essential before you make any decisions about your employment.

What this leave provides

BC employees covered by the Employment Standards Act who are unable to work for at least seven consecutive days due to a serious illness or injury are entitled to up to 27 weeks of unpaid, job-protected leave within a 12-month period.

There is no minimum length of service required. Your job or a comparable position must be available when you return. Your employer cannot fire you, discipline you, or penalize you for taking this leave. The leave can be taken all at once or in blocks for episodic conditions such as recurring treatments.

Were you terminated, disciplined, or penalized for taking serious illness or injury leave in BC?

Any adverse action connected to taking a protected leave is an ESA violation and may also give rise to a human rights claim or wrongful dismissal. Get advice before any limitation period runs out.

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

Key facts about serious illness and injury leave in BC

Maximum duration

Up to 27 weeks within a 12-month period

Pay

Unpaid but may coordinate with federal EI Sickness Benefits

Minimum absence

At least 7 consecutive days of inability to work

Minimum service

No minimum available from the start of employment

How it can be taken

Continuously or in blocks for episodic treatment or recovery

Job protection

Yes your position or a comparable one must be available on return

What conditions qualify

The leave applies to serious illness or injury that prevents you from working for at least seven consecutive days. This covers a wide range of significant medical situations including the following.

Cancer treatment including chemotherapy, radiation, or surgery

Major surgeries and post-operative recovery

Significant injuries from accidents or other causes

Chronic or episodic conditions such as multiple sclerosis

Injuries resulting from intimate partner violence

Life-altering diagnoses requiring extended treatment or recovery

What your employer can and cannot ask for

To access the leave, you must provide a medical certificate from a medical doctor or nurse practitioner confirming that you are unable to work for medical reasons and the expected duration of the leave. Your employer is entitled to this confirmation but no more. They cannot require you to disclose your diagnosis or the nature of your condition. Functional confirmation that you are unable to work and the expected timeframe is sufficient.

This leave can be taken in blocks rather than all at once. Where your condition requires recurring treatments chemotherapy cycles, surgeries, or episodic recovery periods you can use the leave across multiple periods within the 12-month window, provided the total does not exceed 27 weeks. This flexibility is particularly important for employees managing conditions that do not follow a linear recovery timeline.

Your protections during the leave

Your job or a comparable position must be available when you return your employer cannot eliminate your role or restructure it as a consequence of your absence

Your seniority and benefit accrual must continue as required during the leave period

Your employer cannot terminate, discipline, or penalize you for requesting or taking serious illness or injury leave

Where your illness qualifies as a disability under BC's Human Rights Code, your employer also has a duty to accommodate your needs to the point of undue hardship the ESA leave and the accommodation duty operate together

How this leave coordinates with federal EI Sickness Benefits

BC's 27-week serious illness or injury leave was deliberately aligned with the federal Employment Insurance Sickness Benefits program, which provides up to 26 weeks of income support for workers who cannot work due to illness, injury, or quarantine. The two operate separately but are designed to work together: EI Sickness Benefits provide financial support during the leave period while BC's ESA leave provides the job protection. You may be entitled to both simultaneously the ESA leave protects your job while you receive EI income support. Contact Service Canada to assess your EI eligibility separately from your ESA leave entitlement.

Were you terminated or penalized for taking serious illness or injury leave in BC?

Your employer cannot take adverse action against you for taking a protected leave. If your rights have been violated, get advice before the limitation period for filing a complaint runs out.

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

Frequently asked questions about serious illness and injury leave in BC

How long is serious illness and injury leave in BC?

Up to 27 weeks of unpaid, job-protected leave within a 12-month period. The leave does not need to be taken all at once it can be used in blocks for episodic conditions requiring recurring treatment. There is no minimum service requirement to access the leave.

Do I get paid during serious illness and injury leave in BC?

The Employment Standards Act provides for unpaid leave. However, you may be eligible for federal Employment Insurance Sickness Benefits separately up to 26 weeks of income support through Service Canada. The EI benefits and the BC ESA leave protection operate independently but are designed to work together. Contact Service Canada to apply for EI Sickness Benefits if you have not already done so.

What medical documentation does my employer need in BC?

A medical certificate from a medical doctor or nurse practitioner confirming that you are unable to work for medical reasons and the expected duration of the leave. Your employer cannot require you to disclose your diagnosis or the nature of your condition only confirmation of your inability to work and the expected timeframe is required under the ESA.

Can my employer fire me while I am on serious illness or injury leave in BC?

No. The leave is job-protected your employer cannot terminate your employment, discipline you, or penalize you for taking or requesting serious illness or injury leave. Any adverse action connected to the leave is an ESA violation and may also engage BC's Human Rights Code where your condition qualifies as a disability. If you were terminated while on or shortly after this leave, get legal advice about whether you have a claim.

Can I take serious illness and injury leave in blocks in BC?

Yes. The leave does not need to be taken consecutively. Where your condition requires episodic treatment recurring chemotherapy cycles, multiple surgeries, or intermittent recovery periods you can take the leave across multiple periods within the 12-month window. The total leave taken cannot exceed 27 weeks across the 12-month period. This flexibility is designed to support employees with conditions that require ongoing rather than continuous treatment.

Is there a minimum period of employment required before I can take this leave in BC?

No. Unlike some other job-protected leaves under BC's Employment Standards Act, serious illness and injury leave does not require a minimum period of employment. You are eligible for the leave as long as you are covered by the ESA and your condition meets the qualifying threshold of inability to work for at least seven consecutive days due to serious illness or injury.

Questions about serious illness or injury leave or other job-protected leaves in BC?

Our team advises employees across British Columbia on leave entitlements, ESA 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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