Employers in British Columbia will no longer be allowed to ask workers to provide a formal doctor’s note for certain short-term absences, under changes to the Employment Standards Act (ESA).
Bill 11 the Employment Standards Amendment Act, 2025 clarifies when it is appropriate for employers to request a sick note from employees and will eliminate the need for workers to get formal sick notes from health professionals for short-term absences.
What are the changes?
Bill 11 amends the ESA, prohibiting employers from requesting a note written by a doctor, nurse practitioner, or registered nurse as proof that the employee’s short-term absence from work was related to illness or injury.
Currently, BC employers can request “reasonably sufficient proof” that an employee is sick and employees are required to provide that evidence “as soon as practicable.”
Details of the changes are still to be finalised, following public consultation, and will set out:
- What constitutes a “short-term absence”.
- How often an employee can be absent before their employer can request a formal sick note.
The regulations may also be widened to cover notes from other health professionals (i.e. not just physicians and nurse practitioners).
Why is the law changing?
Jennifer Whiteside, Minister of Labour, introduced Bill 11 to help ease the administrative burden on British Columbia’s health-care providers, which will allow them to spend more time with patients rather than filling out “unnecessary paperwork”.
Other provinces, such as Nova Scotia and Manitoba, have already passed similar legislation.
When do the changes start?
Bill 11 was passed by the British Columbia legislature on 29 May 2025, but has yet to come into force.
The BC government has said the changes will be implemented prior to the respiratory illness season in fall 2025, following public engagement to finalize the terms of the regulations.
There has been no update on this as of yet, but we recommend employers start moving in this direction as we anticipate these changes happening.
As an employer, what should I do?
Asking for a doctors note has been a helpful tool for managing absence from work but it is not a great use of physician’s time and can be frustrating for employees when they are generally ill with a cold or flu that typically does not require a trip to the doctors.
We recommend these procedures when it comes to managing illness in the workplace:
- Require employees to call in sick rather than texting or messaging. This often leads to more honesty.
- Have a conversation with your employees when you notice excessive sick usage. It could be as simple as asking: “I’ve noticed you have been off a lot recently, is there anything I need to know about related to your health? We really need you here - you are an important part of our team”.
- If there are inconsistencies in the employee's story (e.g. they called in sick, but were seen at a social event), don’t be afraid to question them.
One of the best things employers can do when it comes to managing illness is to notice when people are off and check in with employees. Employees need to know that they are needed at work and that their leader cares.
We also recommend reviewing your sick leave procedures and policies - especially around obtaining proof of illness from employees for short-term absences - so you are ready for the new regulations when they come into force.
If you need any assistance understanding Bill 11 and what it means for your business, get in touch with the experts at MyHR. Our powerful HR platform takes the headache out of managing sick leave, with employee self-service and easy tracking and approval tools.
