BC Introduces 27 Weeks of Job-Protected Leave for Serious Illness and Injury
Workers in British Columbia facing serious illness or injury will soon have stronger job security under a proposed amendment to the Employment Standards Act (ESA).
Starting in 2026, employees will be entitled to up to 27 weeks of unpaid, job-protected leave within a 12-month period to undergo medical treatment and focus on recovery, bringing BC in line with most other Canadian jurisdictions.
Why This Change Matters
Currently, the ESA does not guarantee long-term job-protected leave for workers who are unable to work due to a serious illness or injury. While the BC Human Rights Code already prohibits discrimination based on disability, employees and employers have often relied solely on these protections, leaving uncertainty about job security during extended absences.
The new amendment will close that gap, ensuring that workers can prioritize their health without fear of losing their jobs.
“People should never have to choose between their job and their health,” said Premier David Eby. “This change ensures that people with a serious injury or illness have peace of mind to focus on recovery, and employers will be better able to retain skilled talent.”
What the New Leave Includes
Here’s what employers and employees need to know about the proposed job-protected medical leave:
- Duration: Up to 27 weeks of unpaid leave in a 12-month period.
- Eligibility: Applies to all workers covered by the Employment Standards Act who are unable to work due to a serious personal illness or injury.
- Minimum Requirement: The worker must be unable to work for at least seven consecutive days.
- Flexible Use: The leave can be taken in multiple periods, not just all at once, supporting treatments like chemotherapy or managing episodic conditions like multiple sclerosis.
- Documentation: A medical certificate from a doctor or nurse practitioner is required, confirming that the employee cannot work and outlining the period of leave needed.
This aligns B.C. with other provinces such as Ontario, Manitoba, Quebec, Nova Scotia, and Newfoundland and Labrador, which already offer similar 27-week unpaid leaves. Saskatchewan is also expected to implement comparable legislation.
Why the Change Is So Significant
The impact of serious illness or injury in the workforce is substantial:
- About 31,000 people are diagnosed with cancer each year in B.C.
- There are 245,000 people living with cancer in the province, 42% of whom have survived more than 10 years after diagnosis.
- An estimated 8% to 12% of Canada’s workforce is off work at any given time due to injury, illness, or disability benefits.
Minister of Labour Jennifer Whiteside emphasized that this change addresses real-world needs for both workers and employers:
“At this crucial time in their lives, people need to know that their job is safe and they can take needed time off to receive medical treatment and recover.”
What Employers Should Do Now
The new leave will have a significant impact on workforce planning, HR policies, and compliance practices. Employers should start preparing now by:
- Updating workplace policies and employee handbooks to reflect the new entitlement.
- Training HR teams and managers on documentation requirements and how to handle extended absences.
- Coordinating with benefit providers to ensure coverage continuity and understand how federal Employment Insurance Sickness Benefits interact with the leave.
- Planning for workforce continuity, including temporary staffing strategies, during extended absences.
Because the leave can be taken intermittently, employers should also prepare for more flexible absence management processes.
What Employees Should Know
For employees, this new law means peace of mind during one of life’s most difficult challenges. Whether you are facing cancer treatment, recovering from a serious accident, or dealing with the long-term effects of intimate partner violence, you will be able to take the time you need and return to your job when your health allows.
To access the leave, you must provide a medical certificate confirming that you are unable to work and specifying the period of leave required. You may take the leave in several shorter periods if your treatment or condition requires it.
Final Thoughts
This amendment represents one of the most significant expansions of employment rights in BC in years. By aligning job protection with existing Human Rights Code principles and federal EI sickness benefits, the province is ensuring that workers can prioritize their health, while employers retain experienced staff once they are ready to return.
Get Experienced Guidance on the New ESA Leave
Extended medical leave and balancing legal obligations with operational needs can be complex. Whether you’re an employer preparing policies or an employee planning an extended absence, legal guidance can help you stay compliant and protected.
Contact Achkar Law
At Achkar Law, we help employers and employees across Canada understand and manage their rights and obligations under employment legislation, from medical leave and accommodation to return-to-work planning.
Contact us today for tailored legal advice on how this new leave may affect your workplace.
Call toll-free: 1-800-771-7882 | Email: [email protected]
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