If you run a business or manage a team in British Columbia (or just want to better understand your rights at work), it’s important to know when requesting a sick note (from a doctor or other healthcare provider) is reasonable — and when it’s no longer allowed.
What’s New (As Of November 2025)
Under recent amendments to the Employment Standards Act, the rules around sick notes have been tightened to reduce unnecessary administrative burden and free up medical professionals’ time.
Employers cannot ask for a sick note for a worker’s first two health-related absences of five consecutive days or fewer in a calendar year.
This applies whether the leave is for the employee’s own illness/injury or to care for a sick/injured immediate family member.
In other words: For many short-term illnesses (e.g. a few days of cold, flu, or a minor injury), employees should not be required to get a doctors’ note before taking sick leave. This is meant to make it easier to stay home when unwell — reducing pressure on the health-care system and helping limit the spread of illness.
Example Scenarios
Scenario 1
What happens: Jane gets a bad cold and stays home from work Monday through Wednesday (3 days). This is the first time she’s taken sick leave this calendar year.
Sick-note request? No. Because the leave is 5 calendar days or fewer, and this is her first health-related absence of the year, under the rules an employer may not require a medical note.
Scenario 2
What happens: Later in the year, Jane’s child gets the flu. She takes four days off work to care for them. This is Jane’s second health-related leave (own illness or immediate-family illness) of five days or less this year.
Sick-note request? Still no. Under the new regulation, employers cannot ask for a sick note for the first two health-related leaves in a calendar year, as long as each absence is 5 days or fewer.
Scenario 3
What happens (Case A): Jane catches a stomach virus a few months later and misses 2 days of work. This is her third health-related leave of the year.
What happens (Case B): Alternatively, Alex catches pneumonia and is off work for 7 consecutive days (first absence of the year, but longer than 5 days).
Sick-note request? Yes. In both Case A (third short-term leave) and Case B (single leave longer than 5 days), the employer may legally request a medical note or other proof from a healthcare professional.
Why These Distinctions Matter (and What to Watch Out For)
- The rules apply to both employee’s own illness and immediate family illness/injury (e.g., a child).
- “Health-related leave” is counted per period: if someone takes multiple leaves (e.g., illness for themselves, then family care leave) each counts separately for the two-leave limit.
- Even when a note is allowed, employers should think carefully whether it’s truly necessary. For many relatively common, short-lived illnesses (even the third absence) less formal proof may be reasonable and more respectful of privacy and trust.
You can ask for a sick note (or other “reasonably sufficient proof”) when:
- The leave lasts longer than five consecutive days.
- The employee has already taken two (or more) health-related, short-term absences in the same calendar year (and this is a third or later instance).
- The employer needs information to assess fitness to return to work, or whether any accommodation is needed for the employee’s return.
Other Helpful Information to Know
The law doesn’t always require a doctor’s note even if a note is allowed. Other acceptable proof might include: a pharmacy receipt, a signed note from the employee, or other non-medical certificate evidence.
What’s “reasonable” may depend on the situation. For example: a one-day migraine likely doesn’t need formal documentation; but a prolonged absence or suspicious pattern (e.g., always sick the day before a weekend) might justify requesting proof.
Also: Sick notes can still be requested when an employee is returning from a longer leave and the employer wants to verify fitness-to-work or discuss accommodations.
Why the Rules Changed & What’s Behind Them
The recent change was introduced to reduce unnecessary burden on healthcare providers and to ease unnecessary burdens on employees. According to the government, requiring a doctor’s note every time someone takes a short sick leave “doesn’t help you get better any faster or prevent the spread of illness.”
Doctors and family-practice groups in BC have long argued that “sick notes” are not a medical necessity and consume valuable time that should be spent on patients who need care.
For employees, the change removes barriers (time, cost, hassle) to taking time off when ill, which supports public health by preventing sick people from coming into work while contagious. And for employers, it simplifies sick-leave administration and reduces risk of forcing employees into unnecessary doctor visits.
A Friendly Reminder: Use Judgment & Fairness
Even with legal minimums, how an employer handles sick-leave requests matters a lot. Here are some thoughts if you’re designing or applying a sick-leave / sick-note policy:
- Use reasonable discretion: Not every absence needs rigid scrutiny. For short, common illnesses (cold, flu, minor injury), a quick confirmation or basic proof is often enough.
- Be consistent across all employees: Apply the same criteria to everyone so the policy is fair and doesn’t feel arbitrary.
- Respect privacy: Avoid requesting medical diagnoses or excessive medical detail. Ask only what is necessary (e.g. proof of illness, fitness to work), not detailed medical histories.
- Support a healthy workplace culture: People should feel trusted to take care of themselves and not fear having to “prove” every minor illness. That helps prevent presenteeism (coming in while sick) and supports overall morale.
- When in doubt, default to flexibility: Especially with short, common illnesses. The law supports not requesting sick notes in those cases; excessive demands can feel heavy-handed.
TL;DR: What You Should Know & What Remains
The new rules set a minimum standard — employers may adopt more generous policies (e.g., no note required ever, or more paid sick days), but cannot impose stricter requirements than the law.
These rules apply to employees covered under the Employment Standards Act; check whether your workplace is covered (or has separate collective-agreement or contract rules).
“Reasonably sufficient proof” doesn’t always mean a doctor’s note — and that’s intentional. Simple documentation (e.g., pharmacy receipt, employee note) can be enough.
Not sure whether you should request a sick note from employees? We created a simple tool to help!
Download our free Decision-Making Tree to find out whether it’s within reason to request a sick note.