Changes to BC employers' right to request doctors’ notes

Julie Morris, Country Manager - Canada
By Julie Morris, Country Manager - Canada

sick_person_home

From 12 November 2025, employers in British Columbia are no longer allowed to ask workers to provide a formal doctor’s note for certain short-term, health-related absences, under changes to the Employment Standards Act (ESA).

The Employment Standards Amendment Act, 2025 (Bill 11) clarifies when it is appropriate for employers to request a sick note from employees and removes the need for workers to get formal sick notes from health professionals for some short-term health-related leave.

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 leave from work is related to illness or injury.

A short-term absence is defined as:

  • 5 consecutive days or fewer, and
  • the employee hasn't taken more than 1 other short-term, health-related leave of 5 days or fewer in the same calendar year.

Illness or injury of a member of the employee's immediate family qualifies as "health-related leave", but compassionate care leave, critical illness leave, or pregnancy/parental leaves do not (these are separate entitlements under the ESA).

The restrictions on requesting medical notes don't apply if the note is necessary to assess whether, after health-related leave, an employee:

  • is fit to return to work; or
  • needs accommodation in order to return to work.

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”.

Prior to the amendments, BC employers could request “reasonably sufficient proof” that an employee was sick and employees were required to provide that evidence “as soon as practicable.”

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 and came into force on 12 November 2025.

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 comply with the new regulations.

Be aware that after 2 short-term absences in the same year, you are able to request reasonably sufficient proof that leave is medically necessary, and the employee must provide it. This may include a medical note, though one is not always required.

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.

Related Resources

Seasonal hiring: Best practices for Canadian employers
New
Blog
Blog
Seasonal hiring: Best practices for Canadian employers
By Julie Morris, Country Manager - Canada - 09 Apr 2025

For businesses that experience seasonal peaks, staffing up for the busy period can make or break your season.

Companies of all sizes operate on a seasonal basis - from small businesses staffing up for the holidays, to large resorts hiring for the summer travel season. Whatever the business case may be, bringing on the right people at the right time is essential to maintaining service levels and achieving short-term business goals.

Read more
How to lead effective employee check-ins and 1-on-1 meetings
New
Blog
Blog
How to lead effective employee check-ins and 1-on-1 meetings
By MyHR team - 03 Jul 2025

Keeping a finger on the pulse of the workplace is key to developing a strong team. A great way of checking how staff are doing is to conduct regular 1-on-1 meetings.

Read more
Averaging agreements in BC: what employers need to know
New
Blog
Blog
Averaging agreements in BC: what employers need to know
By Julie Morris, Country Manager - Canada - 18 Jun 2025

In today's flexible workplace, traditional 9-to-5 schedules don’t work for every business—or every employee. Whether you're managing field crews, hospitality staff, or professional service teams, you may have employees asking to work longer days and enjoy more time off in return.

Read more
Get Started with MyHR

Make HR easy

Experiencing is believing. Book a demo today.

Book a demo Start free trial