Effective November 12, 2025, British Columbia employers face new limitations under the Employment Standards Act (the “ESA”) regarding their ability to request medical documentation for short-term health-related absences. These changes reflect a growing trend under provincial employment standards legislation to limit an employer’s ability to request medical documentation for brief periods of absence.
Scope of the New Restrictions
Under the new provisions of the ESA and associated regulations, employers cannot request a medical note, document, or other record from a health practitioner in relation to a health-related leave if:
In essence, this means an employee will be entitled to take two health-related leaves each calendar year for which an employer cannot obtain a medical note, provided the leaves are five days or less.
This restriction applies only to leaves related to the health, illness, or injury of the employee or their immediate family and does not apply to documentation that may be required if an employee is on compassionate care leave, critical illness or injury leave, and maternity or parental leave.
Exceptions to the Rule
Employers may still request medical documentation if it is necessary to assess whether:
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