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What Must BC Employers Provide for Sick Leave in 2026?

2026-09-24

British Columbia employees get up to 5 paid sick days a year after 90 consecutive days of employment, plus 3 unpaid days, under the Employment Standards Act. Employers must pay for paid days using the average day's pay, limit sick note requests, and hold the job during longer leave for serious illness, which can last up to 27 weeks.

How many sick days does BC law require employers to give?

The Province of British Columbia says employees can take up to 5 days of paid leave per year for any personal illness or injury. The same page confirms that this is in addition to 3 days of unpaid sick leave under the Employment Standards Act (ESA).

There are three layers to keep apart:

Leave Amount Who qualifies
Paid sick days Up to 5 days per year Employees after 90 consecutive days of employment
Unpaid illness or injury days Up to 3 days per year Employees after 90 consecutive days of employment
Serious personal illness or injury leave Up to 27 weeks of unpaid leave in any period of 52 weeks All employees, regardless of how long they have been employed
BC sick days per calendar year (ESA) Paid 5 days Unpaid 3 days Source: Province of British Columbia

Who is eligible, and does it cover part-time workers?

The statute provides that after 90 consecutive days of employment with an employer, an employee is entitled, in each calendar year, to paid leave and to unpaid leave of up to 3 days for personal illness or injury. The province states that the entitlement applies to all employees covered by the ESA, including part-time, temporary or casual employees.

Entitlement is counted per employer. Provincial guidance gives this example: if an employee works 2 part time jobs at the same time, they get 5 paid days and 3 unpaid days per job after 90 days of employment with each job.

How must employers pay for a paid sick day?

The statute sets a formula: the pay is at least the leave period multiplied by the average day's pay, where the average day's pay is determined by the formula amount paid ÷ days worked, based on the 30 calendar days before the leave (vacation pay included, overtime excluded).

In practice, this means hourly, part-time and variable-schedule staff should be paid from their actual recent earnings, not a rough estimate. Your payroll team should be able to show how each paid sick day was calculated.

Can employers ask for a sick note in BC?

Employers may ask for reasonably sufficient proof that the employee is entitled to leave, but since November 12, 2025, section 45.033 of the Employment Standards Regulation has tightened the rules on medical notes. For the first two short-term health-related absences of 5 days or less in a calendar year, the employer must not request that the employee provide a specified health record.

The government's guidance gives examples of proof that can work instead, such as an employee's confirmation, or a pharmacy receipt. It adds that in most cases, an employee's verbal or written confirmation should likely be sufficient.

A note can be requested when:

  • the leave lasts longer than 5 consecutive days; or
  • the employee takes more than 2 health-related leaves, of 5 consecutive days or less, in the same calendar year.

Separately, under section 45.034 of the Regulation, an employer may request a health record even for the first two short absences if it is necessary to assess whether the employee is fit to return to work or needs a change to their work or workplace to return.

What is serious personal illness or injury leave?

This is a separate unpaid leave. An employee who, due to serious personal illness or injury, is unable to work for at least one week is entitled to up to 27 weeks of unpaid leave in any period of 52 weeks.

The province states that this leave is available to all employees, regardless of how long they have been employed. The employee must obtain a certificate from a health practitioner stating, among other things, that the employee is unable to work due to medical reasons.

The ESA also says that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. Treat any termination or role change near a leave as high risk and get advice first.

What should an employer do now? A checklist

  • Update the sick leave policy to cover paid days, unpaid days and serious illness leave.
  • Track each employee's 90-day mark and calendar-year usage, per employer entity.
  • Configure payroll to use the average day's pay formula.
  • Train managers not to demand doctor's notes for the first two short absences.
  • Route long absences to a written process that asks only for the health practitioner certificate the law requires.
  • Require legal review before any dismissal or role change involving an employee on leave.

FAQ

Do BC employees get 5 paid sick days from their first day?

No. The paid days apply after 90 consecutive days of employment with the employer. Serious personal illness or injury leave is different, because it is available regardless of how long the employee has been employed.

Are part-time and casual employees entitled to paid sick days in BC?

Yes. The province states that the paid sick leave entitlement applies to all employees covered by the ESA, including part-time, temporary or casual employees, once they meet the 90-day requirement.

Can a BC employer require a doctor's note for one day off?

Not for the first two short-term health-related absences of 5 days or less in a calendar year, unless a narrow exception applies, such as a note needed to assess fitness to return to work. The employer may still ask for reasonably sufficient proof, and employee confirmation is often enough.

Is the 27-week serious illness leave paid?

No. It is unpaid, but it is job-protected. An employer cannot terminate an employee or change a condition of employment without written consent because of the leave.

Do the 3 unpaid days replace the paid days?

No. The 3 unpaid days are in addition to the 5 paid days.

Sick leave rules touch payroll, policy and dismissal risk all at once. OptiMaxWork AI gives you a verified answer for your own situation, and the 7-day free trial starts on the pricing page. Start your free trial

Disclaimer: This article is general information, not legal advice. Consult a qualified employment lawyer for your case. Sources, all captured 2026-09-24: