On April 15, 2025, the British Columbia government introduced Bill 11, amending the Employment Standards Act [RSBC 1996] CHAPTER 113 to prohibit employers from requiring medical notes for short-term absences due to illness or injury. This legislative change aims to lessen the administrative burden on already an overworked healthcare system and streamline the process for employees taking sick leave.
What Changes Under Bill 11?
The previous status quo under the Employment Standards Act [RSBC 1996] CHAPTER 113 allowed employers to request “reasonably sufficient proof” of illness or injury, which often was provided by way of a doctor’s note. With the new amendments, employers are explicitly prohibited from requiring medical documentation for an employee’s short-term absence. As with everything in the law, the devil is in the details and the specific definition of “short-term” will be established through forthcoming regulations, developed in consultation with various stakeholders, with the intent of implementing the changes before the fall 2025 respiratory illness season.
Why Does There Need To Be Changes?
Healthcare professionals have long criticized the practice of issuing sick notes for minor illnesses, citing it as a waste of a doctor’s time and limited medical resources. Dr. Charlene Lui, President of Doctors of BC, noted that physicians spend considerable time on administrative tasks like sick notes, detracting from patient care. The Canadian Medical Association estimated that B.C. doctors issued approximately 1.6 million sick notes in 2024.
Part of the rationale behind the changes is that requiring sick individuals to visit clinics for medical documentation can exacerbate their condition and contribute to the spread of illness. Eliminating unnecessary paperwork allows healthcare providers to focus on delivering essential services while allowing sick employees to recover from their illness instead of spending energy getting a medical note, which more often than not just confirms what the patient told the doctor.
Implications for Employers
Employers must revise their sick leave policies to align with the new legislation. While the amendment restricts the ability to request medical notes for short-term absences, it does not eliminate the employer’s right to manage attendance and address potential abuse of sick leave.
As with all things, the issue of abusing the system does come into play. How this will be dealt with will depend on the specific language of the forthcoming regulations. For longer absences or patterns that raise concerns, employers will likely still be able to seek appropriate documentation to support any long-term leave from work.
Employee Rights and Responsibilities
These changes mean that employees can no longer be obligated to provide a doctor’s note for short-term illnesses. However, they are expected to use sick leave responsibly and in accordance with their employer’s workplace policies. For extended absences or when requesting workplace accommodations, providing medical documentation may still be necessary. As with other aspects of these changes, the upcoming regulations and the language used in them will determine the specifics of how this will work going forward.
Experienced Employment Lawyers
The amendment to the Employment Standards Act represents a significant shift in British Columbia’s approach to managing short-term employee illnesses and will have an impact on not only employers and employees, but on the healthcare system in general by reducing strain on the healthcare system and promote a more efficient use of medical resources. Employers and employees alike should stay informed about the forthcoming regulations to ensure compliance and maintain a healthy workplace environment.
If you have a question about the impact of these changes to your obligations as an employer or as an employee, the experienced employment lawyers at Taylor & Blair LLP can help. Contact our offices today to schedule a consultation.