BC Sick Days & Sick Note Rules (2026 Guide for Employees & Employers)
Ian2026-02-23T18:12:44-04:00Employees in British Columbia are entitled to 5 paid sick days per year after 90 consecutive days of employment.
These sick days reset each calendar year and cannot be carried over.
This entitlement applies under the BC’s Employment Standards Act (ESA).
What Is Sick Pay Eligibility in BC?
To qualify for paid sick days in BC:
- You must have worked for your employer for at least 90 consecutive days.
- You are entitled to 5 paid sick days per calendar year.
- Sick days are paid at your average daily wage.
Part-time and full-time employees are generally eligible once they meet the 90-day requirement.
How Is Sick Pay Calculated in BC?
Sick pay is calculated as the employee’s average daily pay, based on wages earned over a defined period before the leave.
This ensures employees are compensated fairly regardless of fluctuating hours.
Unused sick days do not carry forward into the next year.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whether you’re an employee seeking clarity on your rights to sick leave or an employer managing compliance with British Columbia’s updated sick day and sick note rules, navigating the details can be complex and consequential. Speaking with a lawyer before making decisions can help protect your rights and your business.”
Can My Employer Ask for a Doctor’s Note in BC?
Generally, employers in BC cannot require a doctor’s note for short-term illnesses.
As of recent changes to BC regulations, employers:
- Cannot require medical notes for short absences (such as 5 consecutive days or less).
- Must accept reasonable proof if needed, but cannot demand unnecessary medical documentation.
The goal of the change was to reduce pressure on healthcare providers and prevent unnecessary doctor visits for minor illnesses.
When Can an Employer Still Ask for Proof?
Employers may request reasonable proof in certain situations, including:
- Absences longer than 5 consecutive days
- Repeated or suspicious absenteeism
- Disability-related accommodations
- Situations where medical documentation was previously required under benefits plans
However, requests must be reasonable and privacy-compliant.
Are BC Sick Days Paid or Unpaid?
In BC:
- The first 5 sick days per year (after 90 days of employment) are paid.
- Employers may offer additional unpaid or paid sick leave beyond the statutory minimum.
Employment contracts or workplace policies may provide greater benefits than the minimum required by law.
What Happens If an Employer Refuses Sick Leave?
If an employer:
- Refuses to provide paid sick days
- Improperly demands a doctor’s note
- Retaliates against an employee for using sick leave
The employee may file a complaint with the Employment Standards Branch.
Employers who fail to comply may face penalties.
Do BC Sick Days Apply to Part-Time Employees?
Yes.
Paid sick days apply to eligible employees regardless of whether they are full-time or part-time, as long as they meet the 90-day employment requirement.
Key Takeaways on BC Sick Days
- 5 paid sick days per year after 90 days of employment
- Sick days reset each calendar year
- Doctor’s notes generally cannot be required for short-term illnesses
- Employers must follow ESA rules
When to Seek Legal Advice
Sick leave disputes often involve:
- Terminations shortly after sick leave
- Disability accommodation issues
- Improper documentation demands
- Wage calculation disputes
If you believe your rights have been violated, or if you are an employer updating workplace policies, legal guidance can help you avoid costly errors.
Speak to an employment lawyer. Call Toll-free: 1-800-771-7882
Confidential consultations available across British Columbia.
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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