A leave of absence in BC is time away from work while your employment continues, and many types of leave are legally protected if you qualify.
BC employees can have job-protected leave for illness, pregnancy, parenting, caregiving, bereavement, jury duty and other serious life events. Most statutory leaves are unpaid, although some provide paid time off.
The key question is why you need the time away. If the reason is protected by employment standards or human rights law, your employer can’t simply refuse the leave because it is inconvenient.
On This Page:
- 1. Types of Leave in BC
- 2. Paid vs. Unpaid Leave
- 3. How to Request Leave
- 4. Can Your Employer Refuse?
- 5. Job Protection & Return to Work
- 6. Leave of Absence FAQs
What Types of Leave Are Available in BC?
BC employment law provides job-protected leave for medical, family, caregiving, parenting and other qualifying circumstances.
- Sick Leave BC: After 90 consecutive days of employment, employees can take up to five paid and three unpaid illness or injury days each calendar year.
- Serious illness or injury leave: Up to 27 weeks of unpaid leave in a 52-week period when a serious illness or injury prevents an employee from working for at least one week.
- Stress Leave BC : A medically supported mental-health condition can qualify for sick leave, serious illness leave or disability accommodation.
- Maternity Leave BC: Up to 17 consecutive weeks of unpaid, job-protected leave.
- Parental Leave BC: Up to 61 or 62 weeks depending on whether maternity leave was also taken.
- Family Responsibility Leave BC: Up to five unpaid days each employment year for qualifying responsibilities involving a child or immediate family member.
- Compassionate Care Leave BC: Up to 27 weeks to care for a family member with a serious medical condition and significant risk of death.
- Bereavement Leave BC: Up to three unpaid days after the death of an immediate family member.
- Death or Disappearance of a Child Leave BC: Extended job-protected leave can be available after the death or qualifying crime-related disappearance of a child.
- Jury Duty BC: Employees can take protected time away from work when required to serve as a juror.
Other protected leaves can apply for critical illness, domestic or sexual violence, reservist service and other specific circumstances.
Are Leaves of Absence Paid in BC?
Most job-protected leaves in BC are unpaid by the employer, but some include paid days or can qualify for government benefits.
For example, eligible employees receive up to five paid sick days each calendar year. Paid leave is also available for part of BC’s domestic or sexual violence leave.
Some unpaid leaves can also qualify for Employment Insurance benefits, including:
- Maternity and parental leave
- Personal illness or injury
- Compassionate care leave
- Leave to care for a critically ill or injured family member
Job protection and income replacement are separate. BC employment law protects qualifying time away from work, while EI or a workplace benefit plan may provide income.
Do employees get personal days in BC?
BC does not provide a general bank of paid personal days that employees can use for any reason.
Specific absences may instead fall under sick leave, family responsibility leave or another protected leave. An employment contract or workplace policy can also provide additional personal days.
See our guide to personal days in BC.
How Do You Request a Leave of Absence in BC?
Tell your employer that you need leave, when it will begin and the reason you qualify.
Give written notice in advance where possible. Depending on the leave, your employer can ask for reasonable proof, a medical certificate or other documentation allowed by law.
If an emergency makes advance notice impossible, tell your employer as soon as reasonably possible.
Can Your Employer Refuse a Leave of Absence in BC?
Your employer can’t refuse a statutory job-protected leave if you qualify and meet the applicable requirements.
Being short-staffed or busy does not cancel a legal leave entitlement.
What about a personal unpaid leave?
A purely personal leave that is not protected by law, your contract or a workplace policy usually requires your employer’s approval.
For example, there is no general statutory right to take several months away from work for travel or a personal break.
What if you need more medical leave?
Reaching the end of a statutory medical leave does not automatically end your employment rights.
If your health condition amounts to a disability, additional time off, reduced hours, modified duties or a gradual return can form part of the employer’s duty to accommodate in BC.
Is Your Job Protected During a Leave of Absence?
Yes. If you take a leave protected by BC’s Employment Standards Act, your employer can’t fire you or negatively change your employment because you took the leave.
Your employment generally remains continuous during protected leave, so taking the leave does not reset your years of service.
Do you get your job back?
Your employer must generally return you to the position you held before the leave or a comparable position.
If you return to a major pay cut, demotion, reduced hours or are told there is no job for you, don’t resign before getting advice. You may be experiencing a constructive dismissal in BC.
Can you be fired while on leave?
Your employer can’t fire you because you requested or took protected leave.
A genuinely unrelated business closure or restructuring can create a different situation. If your employment ends while you are away, the reason and your severance rights should be reviewed.
Employment standards minimums are not necessarily your full entitlement. Many non-unionized employees can have greater severance rights in BC – as much as 24 months’ pay.
Leave of Absence BC FAQs
How long can a leave of absence last in BC?
There is no single maximum. The length depends on the type of leave and can range from part of a day to more than a year.
Can an employer deny unpaid leave in BC?
It depends on the leave. An employer can’t refuse a qualifying statutory leave simply because it is unpaid. A purely personal unpaid leave usually requires approval.
Do you need to work for your employer for a certain amount of time?
For many BC statutory leaves, no minimum service period applies. Some do have specific requirements, such as illness and injury leave, which requires 90 consecutive days of employment.
Does a leave of absence count toward years of service?
Protected statutory leave generally counts as continuous employment. Your employer can’t simply reset your service because you took protected leave.
Can you quit while on leave?
Yes, but don’t resign simply because your employer refuses protected leave or says you can’t return to your job. You may have reinstatement, accommodation, constructive-dismissal or severance rights.
Get Help With a Leave of Absence Problem in BC
The important question is whether the reason for your absence gives you legal protection.
If your employer refuses protected leave, pressures you to return early, changes your job while you are away or terminates you during or after leave, understand your rights before resigning or signing anything.
The BC employment lawyers at Samfiru Tumarkin LLP advise non-unionized employees on protected leaves, disability accommodation, return-to-work disputes and termination.