As of November 12, 2025, British Columbia’s Bill 11 limits when employers can ask for sick notes for short‑term health‑related leave and clarifies what counts as a short‑term absence. In most cases, employees can take up to two short absences per year without providing medical documentation.
Bill 11 amends B.C.’s Employment Standards Act (see our previous Insight) to prohibit employers from requiring sick notes for employees taking short-term health-related leave. It has come into force along with corresponding amendments to the Employment Standards Regulation, to restrict when employers can request sick notes for short-term health-related leave, clarify what constitutes a short-term absence, and circumstances when an employer can request a sick note.
Under the new framework, employees are entitled to take two health-related leaves of five days or fewer in the same calendar year without providing medical documentation. The amendments cover absences related to the health, illness, or injury of the employee or their immediate family.
The new rules do not apply to other statutorily granted leaves, such as maternity, parental, compassionate care, or critical illness leave.
When Can Employers Request Documentation?
B.C. employers may ask for documentation in the following situations:
- For a third or subsequent short-term absence, or
- When the leave exceeds five consecutive days.
Even then, employers are only permitted to request “reasonably sufficient proof” of illness or injury. The Government has indicated that it may not be reasonable to request proof for common ailments, such as a cold or flu. “Reasonably sufficient proof” is broader than a doctor’s note. It can include other forms of evidence such as a pharmacy receipt for over-the-counter medication.
Important Exceptions
The restrictions on requesting sick notes do not apply where documentation is genuinely required to:
- Assess whether the employee is fit to return to work, or
- Determine if accommodation is required under human rights law.
These exceptions reflect employers’ obligations to maintain workplace health and safety, and fulfill the duty to accommodate.
Takeaways for Employers
- Track short‑term absences: Monitor employee health‑related leaves to identify when an absence is the first, second, or a subsequent short‑term leave within the calendar year.
- Adjust policies and forms: Update sick leave and attendance policies to reflect that no documentation is required for the first two short‑term absences of five days or fewer each year.
- Limit documentation requests: Only request evidence where permitted and ensure it is confined to reasonably sufficient proof. Consider whether proof is necessary and what is reasonable for common, minor illnesses.
- Use exceptions appropriately: Continue to seek suitable documentation when needed to assess fitness to work or to inform accommodation measures, particularly for longer or frequent absences.
- Train managers and HR: Ensure those handling attendance understand when medical documentation may and may not be requested.