Employees in British Columbia can take up to 27 weeks of unpaid, job-protected leave if a serious illness or injury prevents them from working. The leave is available regardless of how long you’ve worked for your employer.
Under BC’s Employment Standards Act, your employer must protect your job while you’re on qualifying leave. You must provide a medical certificate confirming that you can’t work.
💡 Serious Illness or Injury Leave BC: Up to 27 weeks of unpaid leave within a 52-week period. No minimum length of employment. Medical certificate required. Your job is protected.
On This Page
- Who Qualifies?
- How Long Is the Leave?
- Medical Certificate
- Is the Leave Paid?
- Job Protection
- Frequently Asked Questions
Who Qualifies for Serious Illness or Injury Leave in BC?
Employees who can’t work for at least one week because of a serious personal illness or injury can qualify.
There is no minimum length of employment. You can qualify even if you’ve recently started your job.
The leave can apply to serious physical or mental health conditions that prevent you from working. Your medical certificate must confirm your inability to work.
The entitlement is established under section 49.01 of BC’s Employment Standards Act.
How Long Can You Take Serious Illness or Injury Leave in BC?
You can take up to 27 weeks of unpaid leave within a 52-week period.
The leave must be taken in blocks of at least one week. You don’t have to take all 27 weeks at once.
If you return to work early and become unable to work again, you can take further leave within the same 52-week period if you have unused weeks and meet the medical certificate requirements.
A leave lasting eight days counts as two weeks under the statutory counting rules.
Do You Need a Doctor’s Note for Serious Illness Leave in BC?
Yes. A medical certificate is required for serious illness or injury leave.
It must confirm:
- You can’t work for medical reasons
- When your inability to work began or is expected to begin
- When you’re expected to return to work
A doctor or nurse practitioner can provide the certificate.
You don’t need to provide it before your leave starts, but must give your employer a copy as soon as practicable.
The law doesn’t require an advance written leave request. However, you should notify your employer as soon as you can.
Learn more in our guide on doctor’s notes in BC.
Is Serious Illness or Injury Leave Paid in BC?
No. The 27-week leave is unpaid under BC’s Employment Standards Act.
However, you could qualify for income replacement through:
- Employment Insurance sickness benefits
- Short-term disability insurance
- Long-term disability insurance
- Paid benefits provided by your employer
This leave is separate from BC’s regular sick leave entitlement of five paid and three unpaid days after 90 days of employment.
See our Sick Leave BC guide for the rules on regular sick days.
Is Your Job Protected During Serious Illness or Injury Leave in BC?
Yes. Your employer can’t fire or penalize you because you take qualifying serious illness or injury leave.
When you return, your employer must reinstate you to your previous position or a comparable one, subject to the law’s requirements.
Your employment remains continuous during the protected leave.
What Happens if You Need More Than 27 Weeks Off?
Reaching 27 weeks doesn’t automatically give your employer the right to fire you.
If you have a disability, your employer can be required to provide additional leave, modified duties or a gradual return to work under BC’s human rights laws.
See our Duty to Accommodate BC guide.
⚠️ Fired While on Medical Leave? Don’t assume your employer can terminate you because you’ve been away from work. You could have reinstatement, disability accommodation and wrongful dismissal rights. Before signing a severance package, get advice.
Learn more about termination while on medical leave.
Serious Illness or Injury Leave BC: Frequently Asked Questions
Do You Need to Work 90 Days to Qualify?
No. Serious illness or injury leave is available regardless of how long you’ve worked for your employer. The 90-day requirement applies to regular paid and unpaid sick days.
Can Your Employer Refuse Serious Illness Leave?
Your employer can’t refuse legally protected leave when you qualify and meet the requirements, including providing the required medical certificate.
Can You Take the 27 Weeks in Separate Periods?
Yes. You can take further blocks of leave within the 52-week period if you have unused weeks and meet the medical certificate requirements.
Does Mental Illness Qualify for Serious Illness Leave?
Yes. A serious mental health condition can qualify if it prevents you from working for at least one week and your medical certificate confirms that you can’t work.
Can You Be Fired After 27 Weeks of Medical Leave?
Not automatically. Your employer may still have a duty to accommodate your disability, including considering additional time off or a return-to-work arrangement.
Is Serious Illness Leave the Same as Compassionate Care Leave?
No. Serious illness or injury leave is for your own medical condition. Compassionate Care Leave BC is for caring for a qualifying seriously ill family member.
Know Your Medical Leave Rights in BC
Serious illness or injury leave protects your job while you’re unable to work because of a qualifying medical condition. Your employer can’t simply ignore those protections.
If your employer refuses your leave, pressures you to resign, changes your position or fires you while you’re away, the BC employment lawyers at Samfiru Tumarkin LLP can help you understand your rights.
Learn more about Leave of Absence in BC or Wrongful Dismissal BC.
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