New Sick Leave Rules
Update by James Hsu, Head of Employer Services
Employers and employees should be aware of two recent developments regarding sick leave in BC. A reminder that human rights law and an employer’s duty to accommodate intersect with these new employment standards obligations.
Updated Sick Note Rules
(For now, but not for long…see below) under in the British Columbia Employment Standards Act (“ESA”) employees are entitled to 8 sick days per calendar year, 5 of these being paid days and 3 unpaid.
New rules are now in effect preventing employers from asking for a sick note for a worker’s first 2 health-related, short-term absences of 5 consecutive days or fewer in a calendar year when they are on an ESA protected sick leave. After that, employers can still ask for “reasonable sufficient proof”. See government announcement here for more details.
Proposed Extended Sick Leave:
In October, the BC Government proposed amendments to the ESA that would provide employees with up to 27 weeks of unpaid, job-protected leave within a 52-week period. An employee’s entitlement to this leave is subject to providing a medical certificate confirming they are unable to work. Like with all protected leaves under the ESA, there is an obligation to reinstate an employee returning from this leave to their position (or a comparable one).
We are still waiting on more guidance from the government including regarding any pre-leave tenure requirement and what types of conditions qualify for this leave (and what the medical certificate needs to confirm). There are also several practical implications should this bill pass, which we expect it will. See the government’s original announcement here for more details.
Stay tuned for more details on these legal updates.
