BC Sick Days and Sick Leave: Employee Rights
How many sick days do you get in BC? Employees covered by British Columbia’s Employment Standards Act are entitled to 5 paid sick days and 3 unpaid sick days per calendar year after 90 consecutive days of employment.
These sick days are job-protected and can be used when you’re unable to work because of a personal illness or injury. The entitlement applies to eligible full-time, part-time, temporary and casual employees.
💡 BC Sick Days in 2026: 5 paid days + 3 unpaid days per year. Sick days reset on January 1, and unused statutory sick days don’t carry over to the following year.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page
- How Many Sick Days in BC?
- Who Qualifies?
- How Is Sick Pay Calculated?
- When Do Sick Days Reset?
- Doctor’s Notes in BC
- Sick Days vs. Medical Leave
- Can You Be Fired for Taking Sick Days?
- Employer Obligations
- What if You’re Denied Sick Leave?
- Frequently Asked Questions
- Get Legal Help
How Many Paid and Unpaid Sick Days Do You Get in BC?
Eligible employees in BC receive up to 8 job-protected sick days per calendar year:
- 5 paid sick days for personal illness or injury.
- 3 unpaid sick days for personal illness or injury.
These minimum entitlements are established under BC’s Employment Standards Act.
You can use sick leave when you’re unable to work because you’re sick or injured. It can also apply when you need time off for medical treatment connected to your own illness or injury.
Your employment contract or workplace policy may provide more generous sick leave benefits. The statutory entitlement is a minimum, not a maximum.
Who Qualifies for Paid Sick Leave in BC?
You qualify for BC’s statutory paid and unpaid sick leave after 90 consecutive days of employment with the same employer.
The entitlement applies to employees covered by the provincial Employment Standards Act, including:
- Full-time employees.
- Part-time employees.
- Temporary employees.
- Casual employees.
You don’t have to work full-time to qualify. After completing 90 consecutive days of employment, eligible employees receive the full annual entitlement rather than a prorated number based on their hours or start date.
Some workers are covered by different rules or exemptions. Federally regulated employees, including certain workers in banking, telecommunications and airlines, are subject to federal employment standards rather than BC’s provincial sick-leave provisions.
💡 Important: Your first 90 days are an eligibility period, not a waiting period that restarts every calendar year. Once you qualify, statutory sick days reset annually on January 1.
How Is Sick Pay Calculated in BC?
BC sick pay is based on your average day’s pay during the 30 calendar days before your leave.
Your employer calculates it using the following formula:
Eligible wages earned in the previous 30 calendar days ÷ days worked or earning wages during that period = average day’s pay.
The calculation includes eligible wages such as regular pay, commissions, paid vacation and statutory holiday pay. Overtime pay is excluded.
Example: Calculating BC Sick Pay
Suppose you earned $3,000 in eligible wages over the previous 30 calendar days and worked 20 days.
- Eligible wages: $3,000.
- Days worked: 20.
- Average day’s pay: $150.
Your employer would owe you $150 for one statutory paid sick day under this example.
The calculation is based on your average daily earnings, not simply the number of hours you were scheduled to work on the day you became sick.
For the complete formula, see the BC government’s leave and sick-pay rules.
When Do Sick Days Reset in BC?
BC sick days reset every January 1. The entitlement follows the calendar year, not the anniversary of your employment start date.
For example, if you used four paid sick days in 2026, your entitlement resets to five paid sick days on January 1, 2027, provided you remain eligible.
Do unused sick days carry over in BC?
No. Unused statutory paid and unpaid sick days don’t carry over to the next calendar year.
Employers also aren’t required to pay out unused statutory sick days when your employment ends.
A more generous employment contract or workplace benefit plan may provide additional rights.
Can Your Employer Ask for a Doctor’s Note in BC?
For your first two qualifying short-term health-related absences in a calendar year, your employer can’t require a sick note from a health practitioner.
These rules took effect on November 12, 2025.
The protection applies when each of the first two absences lasts five consecutive days or fewer, subject to the rules and exceptions set out in BC legislation.
For additional absences or longer periods away from work, your employer may be able to request appropriate medical documentation.
Employers may still ask for other reasonably sufficient proof of entitlement to leave where permitted by law. The restriction specifically concerns sick notes from health practitioners in the protected circumstances.
For a complete explanation, including when medical documentation can be requested, read our Doctor’s Notes in BC guide.
⚠️ Employer demanding a sick note? The law now restricts requests for medical notes during qualifying short-term absences. Don’t assume every request is permitted or that every absence is exempt from providing proof.
What Is the Difference Between Sick Days and Medical Leave in BC?
Sick days are intended for short-term illness or injury. Longer or more serious medical conditions may qualify for additional job-protected leave or workplace accommodation.
BC employees may qualify for different protections depending on their circumstances:
- Short-term sick days: Up to 5 paid and 3 unpaid days per calendar year after 90 consecutive days of employment.
- Serious personal illness or injury leave: Up to 27 weeks of unpaid, job-protected leave within a 52-week period when statutory conditions are met.
- Disability accommodation: Additional workplace adjustments or leave may be required under human rights law.
The 27-week serious illness or injury leave applies to qualifying medical absences of at least one week and requires appropriate medical certification.
If you have a disability or serious medical condition, your employer may also have obligations under its duty to accommodate in BC.
These protections are separate from any long-term disability insurance benefits in BC you may qualify for.
Can You Be Fired for Taking Sick Days in BC?
Your employer can’t fire you because you exercised your right to protected sick leave under BC employment standards law.
An employer also can’t discriminate against an employee because of a protected disability.
Warning signs of an improper termination include:
- Being fired shortly after using statutory sick days.
- Being disciplined for taking a protected medical absence.
- Being threatened with dismissal unless you work while sick.
- Being fired after disclosing a disability or requesting medical accommodation.
However, taking sick leave doesn’t prevent every termination. An employer may still end employment for a legitimate reason unrelated to the protected leave, subject to its legal obligations.
Are you owed severance if you’re fired while sick?
You may be owed severance pay even if your employer claims your medical absences or attendance problems justified dismissal.
For non-unionized employees, full severance pay in BC can reach up to 24 months’ pay in appropriate circumstances, depending on factors including age, position, length of service and the employment agreement.
A dismissal connected to a disability may also raise a human rights claim.
Use our Severance Pay Calculator to get an initial estimate of what you could be owed.
What Are an Employer’s Sick Leave Obligations in BC?
Employers covered by BC’s Employment Standards Act must respect eligible employees’ sick leave rights.
That includes:
- Providing up to 5 paid and 3 unpaid sick days each calendar year.
- Paying the required average day’s pay for statutory paid sick leave.
- Allowing employees to choose whether to use available paid or unpaid illness or injury leave.
- Following the current restrictions on requesting sick notes.
- Protecting employees from retaliation for exercising their rights
- Considering disability accommodation when required by human rights law.
An employer can’t substitute vacation time for your statutory sick leave entitlement without respecting the applicable legal requirements.
If an employer knows, or reasonably should know, that a disability may be affecting your attendance or performance, it may also have a duty to inquire about accommodation.
Learn more about a leave of absence in BC.
What Should You Do if Your Employer Denies Sick Leave in BC?
If you’re refused statutory sick leave, underpaid or penalized for taking time off because of illness, take these steps:
- Keep your records: Save messages, sick leave requests, schedules and pay statements.
- Confirm your entitlement: Check whether you’ve completed 90 consecutive days of employment and how much leave you’ve used this year.
- Raise the issue in writing: Explain which sick days or payments you believe are outstanding.
- Consider an employment standards complaint: The BC Employment Standards Branch enforces statutory minimum employment rights.
- Get legal advice if your job is threatened: Find out whether wrongful dismissal, disability discrimination or additional compensation may apply.
⚠️ Don’t resign under pressure. If your employer refuses protected leave, changes your position or threatens termination because you’re sick, get legal advice before quitting or signing a release.
Frequently Asked Questions About BC Sick Days
How many paid sick days do you get in BC in 2026?
Eligible employees receive five paid sick days and three unpaid sick days per calendar year after 90 consecutive days of employment.
When do sick days reset in BC?
Statutory sick days reset on January 1 every year. Unused days don’t carry over.
Do part-time employees get paid sick days in BC?
Yes. Part-time employees covered by the Employment Standards Act qualify after 90 consecutive days of employment. The entitlement isn’t prorated based solely on part-time status.
How is sick pay calculated in BC?
Paid sick leave is calculated using your average day’s pay based on eligible wages and days worked or earning wages during the previous 30 calendar days. Overtime pay is excluded.
Can your employer ask for a sick note for one day in BC?
For the first two qualifying short-term health-related absences of five consecutive days or fewer each calendar year, employers can’t require a sick note from a health practitioner, subject to statutory exceptions. Other reasonable proof may still be requested where permitted.
Can you take half a sick day in BC?
Yes, but taking any portion of a day as statutory sick leave ordinarily counts as one sick day. Employers may offer more flexible arrangements.
Can your employer force you to use unpaid sick days first?
No. Under BC’s statutory illness or injury leave rules, employees choose whether to request available paid or unpaid leave.
Can unused sick days be paid out?
Unused statutory sick days aren’t paid out when employment ends. A more generous workplace plan may provide different benefits.
What happens if you’re sick for more than eight days?
You may qualify for other protections, including serious personal illness or injury leave and disability accommodation. BC provides up to 27 weeks of unpaid, job-protected leave for qualifying serious medical conditions.
Can your employer fire you for taking sick leave in BC?
Your employer can’t dismiss you because you exercised protected sick leave rights. If you’re fired while sick, you may also have severance or human rights entitlements, depending on the circumstances.
Get Legal Help With Sick Leave Rights in BC
If your employer is denying sick leave, threatening termination or penalizing you because of an illness or medical condition, find out what you’re legally entitled to.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia understand their rights involving medical leave, disability accommodation, termination and severance pay.
Our team can review your situation, assess whether your employer violated your rights and determine what compensation may be available.
Learn more about your rights under BC employment law.
Before you sign, always check first.
➡️ Get a Consultation or call 1-855-821-5900.