The B.C. government has passed Bill 11, the Employment Standards Amendment Act, 2025, aimed at curbing an employer’s ability to demand a doctor’s note for short-term, health-related absences. While the Bill has cleared third reading, many of the practical details will be set in forthcoming regulations after a spring–summer consultation process. Below, Kent Employment Law breaks down what we know today, and what employers should start preparing for.
1. The Core Change
Bill 11 amends the Employment Standards Act (ESA) to prohibit employers from requiring “a note or other documentation from a health practitioner” when an employee takes leave for their own illness or injury in “specified circumstances” and on a “short-term basis.”
- “Specified circumstances” and “short-term basis” are not yet defined; draft regulations will clarify both terms before the 2025 influenza season.
- The Minister of Labour has stated the change is aimed at very short absences. For longer leaves, return-to-work, or accommodation processes, employers should still be able to request medical information.
2. How Other Provinces Handle Sick-Note Bans
To gauge what “short-term” might mean, the government is looking at other provincial models:
Expect B.C. to land somewhere similar, perhaps linking the ban to the 8 ESA sick days currently available (5 paid, 3 unpaid).
3. What Remains Unchanged
Even after Bill 11 takes effect, employers can still request:
- “Reasonably sufficient proof” (other than a doctor’s note) for ESA sick leave, e.g., an employee’s written attestation.
- Medical information for accommodation of disabilities under the Human Rights Code.
- Fitness-for-duty documentation where safety or bona fide occupational requirements are involved.
Properly handled, these requests should focus on functional limitations, not diagnoses.
4. Practical Steps for Employers Now
- Audit Your Sick-Leave Policy
Remove automatic doctor-note requirements for one- or two-day absences and insert language referencing “reasonably sufficient proof.” - Train Front-Line Managers
Supervisors must understand when they can and cannot ask for medical evidence once the regulations are released. - Update Accommodation Protocols
Ensure your disability and return-to-work processes are separate from general sick-leave tracking so legitimate medical information requests continue uninterrupted. - Watch for Regulations
The definition of “short-term” and the list of “specified circumstances” will be critical. Kent Employment Law will publish an update as soon as the draft regulations are released.
5. Kent Employment Law’s Perspective
Bill 11 strikes a balance between reducing strain on the healthcare system and preserving employers’ ability to manage attendance. The real test will be the clarity of the upcoming regulations. Until then, focus on policy flexibility and manager education, and remember that legitimate accommodation, safety, and performance inquiries remain firmly within an employer’s rights.
Need help rewriting your sick-leave policy? Contact Kent Employment Law for practical, compliance-focused advice.
