| A new leave has been added to the British Columbia Employment Standards Act (“ESA”). Effective November 27, 2025, employees who experience a serious personal injury or illness may take up to 27 weeks of job protected, unpaid leave within a 12-month period. We discussed the introduction of this new leave in our prior article about Bill 30 and we summarize the highlights of this legislative change below. |
Employees are eligible for serious personal injury and illness leave upon commencement of employment and regardless of their length of service. This leave is available for the employee’s own illness or injury.
To qualify for the leave, employees must provide a medical certificate from a doctor or nurse practitioner, as soon as practicable, which includes the following information:
(a) that the employee is unable to work due to medical reasons;
(b) the date that this inability began or is anticipated to begin; and
(c) the date that the employee is expected to be able to return to work without a need for any further leave (the “Return Date”).
Employees may take up to 27 weeks of unpaid, job-protected leave in any 52-week period. The leave must be taken in periods of one or more weeks.
The leave begins on the first day of the week during which the employee’s leave began, or the date set out in the medical certificate that the employee is or will be unable to work, whichever is earlier.
The leave will end on the last day of the week during which the earlier of the following occurs: the employee’s Return Date, the end of the 27-week period, or the expiry of 52 weeks from the date the leave began.
Employers should be aware that “week” is a defined term in the ESA and for the purposes of this leave, means a period of 7 consecutive days beginning on any day.
If an employee has not taken the full 27 weeks, they can take further serious injury and illness leave within the same 52-week period if they obtain a new medical certificate.
If an employee returns before their Return Date and has not taken the full 27 weeks, the employee make take further leave within the same 52 week period, without obtaining a new medical certificate, if the employee is unable to work again for the same medical reasons.
We will continue to monitor for further guidance regarding this new leave. If you have any questions regarding this new legislative development or require assistance in determining if your policies and practices are compliant with these changes, please contact your Harris lawyer.
