The B.C. government has introduced legislation to create up to 27 weeks of unpaid, job-protected leave for workers facing a serious (“catastrophic”) illness or injury. In plain terms, it would give a clear block of time where your job is protected while you undergo treatment or recovery. This proposal appears to sit alongside, not instead of, the Human Rights Code’s disability protections.
Understanding how these regimes fit together will help employees, unions, and employers make better, faster decisions when health crises strike.
What Is in the New Update to the Employment Standards Act Leave: Job-Protected Medical Leave
Human Rights Code (HRC) already prohibits discrimination on the basis of disability and requires employers to accommodate to the point of undue hardship. But it’s case-specific, and in rare circumstances a termination can still be lawful (for example, where there’s no reasonable prospect of return despite accommodation).
The new ESA leave would create a bright-line entitlement of up to 27 weeks of unpaid, job-protected time off in a 12-month period for your own serious illness or injury. During an ESA leave, employment is continuous, and the job (or a comparable job) must be held. Think of it as a built-in “pause button” that reduces the need to litigate accommodation during that window.
Why Legislate a New Job-Protected Medical Leave if Disability Discrimination Is Already Illegal?
Human rights protection answers the question of “why” (you can’t treat people worse because of disability) and imposes a flexible duty to accommodate. But it doesn’t prescribe a fixed duration of job-protected leave. The proposed ESA amendment answers the question of “how long” with a concrete entitlement of 27 weeks, so workers and managers aren’t immediately thrust into a contested “undue hardship” analysis the moment a serious diagnosis is made. The ESA changes provide a clear, enforceable floor of job protection for a set period. After that period, the normal human-rights framework would still apply.
How it Aligns with Income Supports
The 27-week duration mirrors Employment Insurance (EI) sickness benefits which is currently up to 26 weeks of benefits, which historically paired with a one-week waiting period for a total of 27 weeks. That’s the same 27-week timeframe the province is proposing. Practically speaking, aligning job protection with EI’s schedule means most people can focus on treatment while knowing their position is held.
Employees with short-term or long-term disability (STD/LTD) coverage through work will often use those benefits instead of, or in addition to, EI.
The proposed ESA leave doesn’t pay income; it simply protects the job while you draw from EI, STD/LTD, or personal savings. If an insurer denies STD/LTD or critical illness benefits, you may still rely on ESA leave to preserve your position while you challenge the denial.
How Does This Fit with Other BC Leaves and Return-to-Work Rules
B.C. already has a patchwork of job-protected leaves, including:
- Paid personal illness/injury leave (generally 5 paid days per year) plus 3 unpaid days for short-term absences; and
- Family-facing leaves like critical illness or injury (family member) and compassionate care (for a terminally ill family member).
The new leave fills a gap: your own serious/catastrophic illness or injury for an extended period.
Human Rights Still Matters—Before, During, and After the ESA Leave
Even with statutory leave:
- Employers must continue to accommodate disability to undue hardship (modified duties, hours, schedules, remote/hybrid arrangements, gradual return-to-work, etc.);
- Termination because of disability remains prohibited; and
- In rare cases where the evidence shows the employee cannot return in the reasonably foreseeable future despite accommodation, termination may be lawful—this is the limit recognized by the Supreme Court of Canada in Hydro-Québec (2008 SCC 43). The proposed ESA leave doesn’t change that legal test; it simply reduces disputes by guaranteeing time-limited job protection up front.
What Will “Catastrophic” or “Serious” Illness/Injury Mean?
The government’s announcement references serious or catastrophic illness or injury. If past legislation from this government is an example, you can expect regulations and guidance to flesh out medical-note requirements, certification timing, and how intermittent or graduated leaves will work (e.g., chemotherapy cycles, flare-ups, or staged rehabilitation). Note that B.C. also passed Bill 11 (2025) to curb routine sick-note demands for short-term absences, another signpost that ministries are trying to reduce red tape for legitimate illness. The catastrophic-leave regime will almost certainly require medical evidence but should be more predictable than litigating accommodation from scratch.
Experienced Employment Lawyers for Job-Protected Medical Leave Issues
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.