Sick notes in British Columbia: Rights for employees

If an employee is ill and needs a certain amount of time off work, they can ask their doctor to provide them with a doctor’s note, also known as a sick note or medical note.

Under British Columbia’s Employment Standards Act (ESA), once an individual has worked for a company for at least 90 days, they are entitled to:

• Five paid sick days
• Three unpaid sick days

The provincial government enacted a new permanent paid sick leave program on January 1, 2022. It replaces the previous program that ended on December 31, 2021.

Jump to a section

Can my employer ask me to provide a sick note?

The short answer is yes. Employers in B.C. can ask workers to provide sufficient proof for their illness or injury leave.

This includes any information that would establish, or help establish, that your absence is due to an illness or injury. Proof could include:

• A sick note from a registered medical practitioner
• A hospital bracelet
• Receipt from a drugstore or pharmacy

Back To Top

What should be in a sick note?

While employers in B.C. are not entitled to know your diagnosis, they can ask that your sick note contain information about:

• The expected length of your illness or disability
• The date you were seen by the doctor
• Whether or not you were examined in person by the doctor issuing the sick note

Back To Top

Can I refuse to provide a sick note?

If you refuse to provide your employer with sufficient proof, such as a sick note, they may not approve your illness or injury leave.

However, companies must provide you with a reasonable amount of time to provide proof. They should consider:

• Your ability to access health care professionals and institutions
• Barriers preventing you from obtaining the necessary medical information in a short timeframe

In British Columbia, employers cannot make significant changes to your job because you took long-term illness and injury leave. It is illegal, and any major modifications to your employment can be treated as a termination of your relationship with the company.

Our B.C. employment lawyers can pursue a constructive dismissal claim to ensure you receive full and proper severance pay. Our Pocket Employment Lawyer can also help you determine your severance entitlements.

LEARN MORE
• Employment Law Show: What employees need to know about a leave of absence

Back To Top

Can my employer ask for a second medical opinion?

Generally, employers in B.C. will not seek out a second medical opinion to confirm your illness or injury status.

However, companies could request that your treating doctor fill out a functional limitations assessment to determine what accommodations need to be made when you return to work.

If your employer asks you to submit to an Independent Medical Examination (IME), contact an employment lawyer at Samfiru Tumarkin LLP. IME’s can be used to undermine legitimate disability claims.

We can review your situation and ensure that your workplace and disability rights are properly enforced.

READ MORE
• Independent Medical Assessment: Tips From a Lawyer
• Disability in the Workplace

Back To Top

Can I be fired if I do not provide a sick note?

Your employer can fire you if you do not provide a sick note for your illness or injury leave. This is called a termination without cause.

Employees in B.C. can be let go for any reason as long as:

• They are provided full severance pay
• The reasons for dismissal are not discriminatory

If either or both of these conditions are not met, you have been wrongfully dismissed and should reach out to an employment lawyer at Samfiru Tumarkin LLP immediately. Our team will help you file a claim and ensure you receive the compensation you are owed.

Termination for cause

It becomes a little more complicated if your employer decides to fire you “for cause” because you refused to provide a sick note on request.

While the company could argue that it constitutes insubordination or dishonesty, not providing a sick note could be considered adverse effect-related – at least in part to your illness or disability. As a result, the termination could potentially violate the B.C. Human Rights Code.

LEARN MORE
• Being let go while on long-term disability

However, if your employer requests a sick note from your doctor in order to explore work accommodations for your illness or disability and you do not provide it, the company could argue that you did not reasonably participate in the accommodation process.

In some circumstances, a prolonged absence without a supporting sick note could be grounds for a termination for cause, or job abandonment.

Back To Top

Can my employer make me use vacation days if I am sick?

In British Columbia, employers can choose when you take vacation. As a result, they might require you to use vacation days when you are sick.

Example: If you have used all of your sick days, your company could make you use your vacation days to cover the time you are away instead.

Back To Top

Issues with sick notes? Contact an employment lawyer now

If you have been fired or lost your job in B.C. because you did not provide your employer with a sick note, contact the experienced employment law team at Samfiru Tumarkin LLP. We can review your situation and help you defend your workplace rights.