New ESA Amendments Limit Employers’ Ability to Request Sick Notes

On November 12, 2025, Bill 11: Employment Standards Amendment Act, 2025 came into force along with new amendments to the Employment Standards Regulation.

As a result of these amendments, employers are now prohibited from requesting that employees provide a sick note for short-term health-related absences, except in specified circumstances. We wrote about the introduction of Bill 11 in a prior article.

Employers in BC governed by the BC Employment Standards Act (“ESA”) can no longer request a doctor’s note for health-related leaves unless the employee’s leave is for:

1. a period of more than 5 consecutive days or
2. employee takes more than two health-related leaves (of 5 consecutive days or less) in the same calendar year.

This sick note restriction applies to all 22 health professions designated under the Health Professions Act including but not limited to physicians, nurse practitioners, registered nurses, dentists, pharmacists and physiotherapists. It is intended to reduce the administrative burden on health professionals.

The ESA continues to require that employees provide “reasonably sufficient proof” of entitlement to illness or injury leave under section 49.1 of the ESA, if requested by the employer. The requirement to provide reasonably sufficient proof must be read in the context of these new sick note restrictions. Even where an employer is allowed to request a sick note, reasonably sufficient proof may still be provided in another format, such as a drug store receipt, medical bracelet, or otherwise. What is reasonable will depend on the circumstances. Relevant considerations may include whether proof is available, the nature of the illness, the length of the absence, patterns of absences or other mitigating factors.

These new restrictions do leave space for employers to request medical notes in the context of the human rights accommodation process. Notably, the Employment Standards Regulation makes clear that the restriction on requesting sick notes does not apply if the note is necessary to assess whether the employee (a) is fit to return to work after a health-related leave or (b) requires a change to the employee’s work or workplace to enable the employee to return.

This is an important legislative development for provincially regulated employers in BC. If you have any questions about the implications of this ESA amendment, please contact your Harris lawyer.