The British Columbia government has established new regulations restricting when employers can and cannot ask employees to present a sick note if they do not attend work for certain short-term health related reasons.

On November 12, 2025, the Employment Standards Regulation was officially amended to largely prohibit employers from requiring sick notes from employees for short-term absences for reasons related to the health, illness, or injury of either the employee or a member of an employee’s immediate family. 

Where health related leaves meet both of the following criteria, an employer is now prohibited from requiring a sick note, or other health record from an employee’s health care provider (which has been broadly defined):

• the leave is five (5) days or fewer; and
• the leave is either the first or second health related leave in the calendar year.

The newly published guidelines issued by the Employment Standards Branch indicate that each “type” of health related leave taken is to be considered and counted separately when considering the above criteria.  For instance, an absence of five days or fewer for reasons of an employee’s illness will be considered independently from health related absences related to caregiving responsibilities due to the illness of an employee’s family members.    

These changes do not prevent employers from requesting medical notes and information associated with assessing an employee’s fitness to return to work or workplace accommodation associated with disabilities under the BC Human Rights Code or Workers Compensation Act, where that may be necessary.

Employers should review their existing sick leave policies and practices to ensure compliance with the new regulations.   Policies which require medical notes for all absences (or for five day or fewer absences) are no longer be compliant in British Columbia. 

If you require a review of your sick leave policies or practices, or have any questions about this legislative change and its impact on your business or operations, please reach out to one of Mathews Dinsdale’s British Columbia lawyers. 

If you have any questions about this topic or any other questions relating to workplace law, please do not hesitate to contact Mathews Dinsdale Lawyer.