B.C. Introduces Extended Leave for Serious Illness or Injury: Key Changes for Employers and Employees
On November 27, 2025, British Columbia’s Bill 30: Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025 came into force and effect, providing employees with increased unpaid, job-protected medical leave.
The amendments to B.C.’s Employment Standards Act (the “ESA”) allow up to 27 weeks of unpaid leave within a 52-week period for employees who are unable to work due to their own serious illness or injury. These changes permit employees to take time off for medical treatments or to recover from long-term injuries or episodic medical conditions.
These changes provide increased job protection for employees while on leave, ensuring they return to their previous position or a comparable one upon their return.
How Employees Access This Leave
In order to be eligible for this leave, employees must provide their employer with a medical certificate which stipulates:
- that the employee is unable to work for medical reasons;
- the date on which the leave began or is expected to begin; and
- the date on which the employee is expected to be able to return to work.
This certificate need not be provided prior to taking leave but must be provided as soon as the employee is able to do so.
Flexibility in Use
If an employee returns to work and needs more leave for the same condition listed in their existing medical certificate, they do not need to provide a new certificate so long as they have not exhausted their 27-week entitlement within the 52-week period.
This new medical leave does not need to be taken continuously, rather, employees can take several leaves to use their 27-week entitlement within a 52-week period. However, leave entitlements are calculated using one-week blocks of time, meaning, if an employee goes on leave and returns after eight days, they will have used two weeks of their leave entitlement.
A Cautionary Note: Beware of Different Health-Related Leaves
Recent changes to short-term sick leave requirements now allow employees to take two health-related leaves of five days or fewer in a calendar year without providing medical documentation, see our recent Insight for more information.
As a result, employees are entitled to certain health-related leaves with medical documentation, and others without medical documentation. Employers should monitor all employee leaves and understand when a leave falls into the meaning of a short-term, or long-term health-related leave to comply with their legal obligations.
These job-protected leave provisions are in addition to employers’ obligations to accommodate employees with disabilities under the BC Human Rights Code and those suffering workplace injuries under the Workers Compensation Act.
If you have any questions about the recent changes to the ESA’s unpaid, job-protected medical leave, please contact a member of our Labour, Employment & Human Rights Group.