Remember those days you’d go the the doctor and ask for a sick note when missing school or work? And the doctor would usually write it readily and mostly without many questions? Yes, that seemed like wasted time and resources for all involved.
YLaw was one of the first law firms in the country to get rid of the requirement for sick notes, and instead implemented wellness days instead of sick days. It seems like in someway the government is following our policies.
Historical Change to Sick Days
Since 2020 and the impact of COVID, the provincial government has been making consistent changes to the illness or “sick” leave sections of the Employment Standards Act (the Act) and its Regulations in British Columbia.
Notably in 2020 COVID Leave was created, and then in 2022 the government implemented a mandatory 5 paid sick days, plus 3 unpaid general sick days. This applied to part time and fulltime employees.
Now, in 2025, Bill 11, the “Employment Standards Amendment Act, 2025” which is expected to be adopted and in effect in the fall of 2025, addresses the issue of “sick notes.”
The Extinction of the “Sick Note”?
The colloquially called “sick note” is called a “specified health record” in Bill 11 and is defined as a:
Note, document or other record that is produced by a health practitioner at the request of the employee or prescribed individual for the purposes of providing a fact or circumstance in relation to the health-related leave.
If (or once) passed, Bill 11 will prevent employers from being able to request sick notes from employees:
The employer must not request that the employee provide a specified health record to the employer in relation to the health-related leave, and the employee is not required to provide a specified health record to the employer in relation to the heath-related leave.
However, this amendment is targeted at short team illness or injury leaves, and regulation will be created in the near future to help define what “short-term” actually means.
What is the reason for sick note change, and how will it impact employers?
The abolition of the sick note is intended to free up physician time to let them attend to other patients who may have more serious concerns than the average cold or flu. The current state of the health care system in British Columbia has been widely reported on in the last few years with most articles defining it as “in a state of crisis.”
But What if Employees Take Advantage of Sick Days when They are not Really Sick?
As an employment lawyer, it is my opinion that the impact on employers should be minimal.
Employers will still be able to request information from an employee or their physician for the purposes of assessing accommodation if the illness or injury becomes a long-term issue for the employee. Additionally, the employer, or their human resources department, should be able to focus on other matters instead of policing the reason for an employee’s short-term absence.
However, employers will want to pay attention to how the province defines “short-term” in the fall when Bill 11 is being implemented.
Trust
It is important to remember that the core of any employment relationship is the principle of trust between an employer and an employee. These new amendments echo that trust principle by holding that an employer should trust the employee when an employee states they are sick, rather than requesting proof.
What to Do if Employee Calls in Sick too many Times without a Sick Note?
If an employee, however, shows a pattern of absenteeism due to various illnesses or injuries, and the employer feels that the “trust” required in the employment relationship is broken, then the employer may want to consult with an employment lawyer to discuss how best to address those issues, while walking the fine line of avoiding a potential discrimination complaint.
Checklist for Employers
- When was the last time you updated your sick leave policy, or your employment contracts? Sometimes just one invalid paragraph can cancel the entire agreement and put you on jeopardy.
- Does your current contract or policy still provide for less than the 5 paid days and 3 unpaid days? Be careful with the consequences of outdated contracts!
- Have you had a deeper look at your work place policies, assessments and compliance to ensure they are in law with that law?
We draft, review and advise on all kinds of employment contracts. Call us at 604-974-9529 or reach out to set up a consultation.
*Brian Grootendorst is an experienced employment lawyer and the author of this article. Learn more about him here.
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