Employees in British Columbia can take job-protected leaves of absence for illness, injury, pregnancy, parenting, family responsibilities and other qualifying reasons. Most leaves are unpaid, but your employer can’t refuse a legally protected leave simply because it’s inconvenient.
The type of leave you qualify for depends on why you need time away from work. Your employer must also respect your rights when you’re ready to return.
⚠️ Before Taking Leave: Don’t resign or simply stop attending work. Confirm which leave applies, notify your employer and provide any required documentation.
On This Page
- Types of Leave
- Paid vs. Unpaid Leave
- How to Request Leave
- Can Your Employer Refuse?
- Job Protection & Returning
- Frequently Asked Questions
What Types of Leave of Absence Are Available in BC?
BC’s Employment Standards Act provides several types of job-protected leave.
| Type of Leave | BC Entitlement |
|---|---|
| Sick Leave | 5 paid and 3 unpaid days per calendar year after 90 days of employment |
| Serious Illness or Injury | Up to 27 weeks unpaid in a 52-week period |
| Maternity Leave | Up to 17 weeks unpaid, with certain extensions |
| Parental Leave | Up to 61 or 62 weeks unpaid, with certain extensions |
| Family Responsibility Leave | Up to 5 unpaid days per employment year |
| Compassionate Care Leave | Up to 27 weeks unpaid for qualifying family caregiving |
| Bereavement Leave | Up to 3 unpaid days |
| Jury Duty | Unpaid, job-protected leave for required jury service |
| Death or Disappearance of a Child | Extended unpaid, job-protected leave in qualifying circumstances |
Other protected leaves cover critical illness of a family member, domestic or sexual violence, reservist service and certain other circumstances.
Medical conditions affecting your ability to work can also qualify for stress leave in BC or disability accommodation.
💡 Serious Illness or Injury: Employees who can’t work because of a serious medical condition can qualify for up to 27 weeks of unpaid leave, regardless of how long they’ve worked for their employer. A medical certificate is required.
Are Leaves of Absence Paid or Unpaid in BC?
Most statutory leaves of absence in BC are unpaid. However, employees can qualify for paid sick leave, paid domestic or sexual violence leave, or additional paid time off provided by their employer.
Some unpaid leaves also qualify for Employment Insurance benefits, including maternity, parental, sickness and compassionate care benefits.
Job protection and income replacement are separate. Your employer can be required to hold your job even when they aren’t required to pay your wages during leave.
Do Employees Get Personal Days in BC?
BC doesn’t provide a general bank of paid personal days for any reason. However, certain personal or family situations qualify for protected leave.
See our Personal Days BC guide.
How Do You Request a Leave of Absence in BC?
Tell your employer why you need leave and when you expect it to begin.
To protect your rights:
- Give notice. Notify your employer as early as possible and follow any specific notice requirements.
- Provide documentation. Supply medical certificates or other proof when required by law.
- Keep records. Save your request, supporting documents and your employer’s response.
If an emergency prevents advance notice, contact your employer as soon as reasonably possible.
Can Your Employer Refuse a Leave of Absence in BC?
Your employer can’t refuse a legally protected leave when you qualify and meet its requirements.
Staff shortages, busy periods or inconvenience don’t remove your statutory leave rights.
Can You Take an Unpaid Leave for Personal Reasons?
Yes, you can request unpaid personal leave, but your employer doesn’t automatically have to approve it.
For example, taking several months off to travel or deal with a personal matter that isn’t legally protected normally requires employer approval.
Medical conditions, family caregiving and other protected reasons can give you stronger rights to time away from work.
What If You Need More Medical Leave?
Reaching the end of a statutory medical leave doesn’t automatically mean your employer can terminate your employment.
If you have a disability, your employer can be required to provide additional leave, modified duties or a gradual return to work as part of its duty to accommodate in BC.
Is Your Job Protected During a Leave of Absence in BC?
Yes. Employers must return employees from statutory job-protected leave to their previous position or a comparable one.
They can’t fire, demote or reduce an employee’s pay because the employee requested or took a protected leave.
Your employment also remains continuous during protected leave. Taking time off doesn’t reset your years of service.
What If Your Employer Changes Your Job When You Return?
A major pay cut, demotion or significant reduction in hours can be constructive dismissal.
If your employer refuses to reinstate you or offers a substantially different job, don’t resign or accept the changes before checking your rights.
Read more about constructive dismissal in BC and employer pay reductions.
Can You Be Fired While on Leave?
Your employer can’t fire you because you took protected leave.
An unrelated business closure or legitimate restructuring can create a different situation. If your employment ends during or after leave, the reason for termination and your severance rights must be considered.
⚠️ Fired or Demoted After Leave? Don’t resign or sign a severance package without checking your rights. You can have reinstatement, accommodation and severance pay compensation.
Leave of Absence BC: Frequently Asked Questions
How Long Can a Leave of Absence Last in BC?
There is no single maximum. Leave can last a few days, several weeks or more than a year, depending on the type and your eligibility.
Can an Employer Deny Unpaid Leave in BC?
An employer can’t refuse a qualifying statutory leave because it’s unpaid. Personal leave that isn’t protected by law or an agreement normally requires approval.
Do You Need to Work for 90 Days Before Taking Leave?
Not for every leave. Sick leave requires 90 consecutive days of employment, but many other protected leaves have no minimum service requirement.
Does a Leave of Absence Count Toward Years of Service?
Yes. Statutory job-protected leave doesn’t interrupt continuous employment. Your service continues to count toward employment entitlements.
Can You Quit While on Leave?
Yes. However, don’t resign because your employer refuses protected leave, changes your position or says you can’t return. You could have important reinstatement or severance rights.
Get Help With a Leave of Absence Problem in BC
If your employer refuses protected leave, pressures you to return early, changes your job or terminates you during or after leave, you have employment rights.
The BC employment lawyers at Samfiru Tumarkin LLP help non-unionized employees with workplace accommodation, constructive dismissal, wrongful dismissal and severance pay.
If your employment ends, your severance could reach up to 24 months’ pay. Use our Severance Pay Calculator to estimate what you’re owed.
Before you sign, always check first.
➡️ Get a Consultation or call 1-855-821-5900.