By: Anisha Grewal
On November 12, 2025, British Columbia’s Bill 11 (the “Bill”) received Royal Assent, bringing into effect amendments to the Employment Standards Act (“ESA”) and the Employment Standards Regulation (the “Regulations”). These amendments made to section 49.2 of the ESA and section 45.033 of the Regulations restrict when employers may request medical notes from employees taking short-term health-related leave. By restricting when employers may request medical notes, the Bill aims to reduce unnecessary strain on the health care system and modernize workplace leave policies.
Background
Under section 49.2 of the ESA, health-related leave is defined as a leave or other absence from work that is related to the health, illness or injury of the employee or a prescribed individual. There are specific exemptions to this definition under the ESA and the Regulations.
Employers that are provincially regulated in BC must provide eligible employees – those employed for 90 consecutive days – with five (5) paid and three (3) unpaid days of health-related leave per calendar year.
Prior to these recent amendments to the ESA, employers were permitted to request “reasonably sufficient proof” from employees to demonstrate that illness or injury was the basis for their absence, typically in the form of a medical note.
What Has Changed?
These recent amendments restrict employers in BC governed by the ESA from requesting a medical note for a health-related leave unless the employee’s leave is for a period of more than five (5) consecutive days or the employee takes more than two short-term health-related leaves in the same calendar year.
When Medical Notes May Be Requested
Employers may request a medical note in the following circumstances:
- The absence lasts more than five (5) consecutive days;
- The employee has already taken two (2) short-term health related absences earlier in the same calendar year;
- Medical information is needed to assess fitness to return to work or reasonable accommodations under human rights law;
- The employee applies for short-term or long-term disability benefits or WorkSafeBC benefits.
Even where a medical note cannot be requested, employers may still ask employees to provide written confirmation of the general reason for their absence (for example, confirming that the leave was taken for health-related reasons).
What Should Employers Do Moving Forward?
These changes require employers to rethink long-standing attendance and documentation practices, particularly in workplaces where medical notes were routinely requested for even brief absences. Continuing to request medical notes in circumstances where they are prohibited may expose employers to complaints under the ESA, administrative penalties, and more.
In response to these changes, employers should consider taking the following steps:
- Update sick-leave and attendance policies to ensure they align with the new ESA requirements;
- Revise onboarding materials to ensure employees are properly informed;
- Train managers and supervisors on when medical documentation may – and may not – be requested;
- Modify recordkeeping practices, including accurately tracking health-related leave under the ESA, bearing in mind privacy and confidentiality obligations; and
- Implement employee self-declaration forms, which enable employers to collect information directly from employees regarding their health status without requiring third-party documentation such as a doctor’s note. These forms may be utilized for short-term or minor illnesses where medical notes are no longer permitted.
For advice on how these amendments to the ESA may affect you or your business, contact Baker Newby’s employment law team. We can assist with reviewing and updating workplace policies, drafting employment agreements and providing advice on how to minimize legal risk.
