Sick Notes and Employee Rights in British Columbia

British Columbia’s workplace laws aim to balance the rights of employees with those of employers.

Sometimes, these can clash, and sick notes are one potential area of conflict. Employees have the right to privacy over their medical status, but employers must know whether employee sick leave claims are valid.

The British Columbia government introduced a new permanent paid sick leave program in January 2022. After working for a company for at least 90 days, an individual is entitled to five paid sick days and three unpaid sick days.

It’s important to understand your employee rights and responsibilities under the legislation so that if you need to take sick leave and your employer requests that you provide a sick note, you know how to respond.

Can B.C. employers request sick notes?

Sick notes or “doctor’s notes” are official medical certificates provided by doctors to confirm that an employee is ill or injured and needs to take time off work.

A sick note may also be needed if an employee requests modifications to the workplace to return to work after a period of illness or injury.

But can employers ask for a sick note before agreeing to the sick leave?

Generally speaking, employers can request a doctor’s note if:

• An employee declares absence from work due to illness.
• An employee returns to work and requests that accommodations be made for an illness, injury or disability.

The right of the employer to request a sick note overrides the right of the employee to privacy on this occasion — but restrictions are placed on employer requests so that reasonable steps are taken to maintain a certain level of employee privacy.

The information requested must:

• Relate to the workplace and the employee’s specific job duties
• Be relevant to the period of absence due to sick leave

In the absence of a sick note, other acceptable evidence that can help an employee establish that their leave was due to a bona fide illness or injury might be a receipt from a pharmacy or hospital or even a hospital bracelet.

What should a sick note include?

Employers can expect a sick note to include the following:

• The expected length of absence
• The date of the visit to the doctor
• Whether the employee was examined in person by the doctor

Employers cannot expect specific medical information about an employee to be divulged in a sick note — or request full disclosure of an employee’s medical diagnosis.

Can you refuse a sick note request?

Employees in British Columbia can decline to provide a sick note, but it may not be in their interests to do so.

If you later need to return to work with accommodations made for your illness, injury or disability, the absence of a sick note can affect you. Your employer must accommodate you in your role as reasonably as possible, but your position may be weakened without a sick note.

No significant changes must be made to your job because of your sick leave unless you agree to them, or it could result in a constructive dismissal claim.

Therefore, it is usually best for an employee to provide irrefutable proof of their illness or injury from a qualified medical professional to prevent issues and strengthen their legal position in the event of a compensation claim.

Note that employers must provide employees with reasonable time to provide proof of illness or injury and make allowances for people who do not have free and easy access to healthcare professionals.

Seek legal advice about your position and your options if you have a specific reason for refusing a sick note.

Can your employer ask for a second doctor’s opinion?

So that your employer can meet their duty to accommodate you on your return to work, your doctor may be asked to complete a functional limitations assessment by your B.C. employer.

However, your employer should accept a sick note from any qualified doctor of your choice. If you are asked to take an Independent Medical Examination (IME), contact an employment lawyer at Taylor Janis LLP for legal advice about your workplace and disability rights.

Can you be fired for not providing a sick note in B.C.?

Under B.C.’s termination without cause laws, employers can fire employees for any reason if they provide notice or full severance pay in lieu of notice, AND they do not use discriminatory reasons for the dismissal.

If reasonable notice is not provided and/or the termination is for discriminatory reasons, it is unlawful, and you can file a wrongful dismissal claim against the employer to seek compensation.

Termination for cause may also result in an employee who refuses to provide a sick note. A long absence without a sick note could be regarded as “job abandonment”.

The employer could also claim that a refusal to provide a sick note constitutes insubordination or dishonesty. However, this is less clear-cut, and the employee can claim that the reason for the dismissal was the sick leave itself, which would be a breach of human rights.

What if your employer wants you to use vacation as sick leave?

An employer can request that an employee use vacation days as sick leave in British Columbia.

Usually, vacation days are mutually agreed upon between the employer and employee, but if you have used all of your sick days, your employer may make you use vacation as sick days.

If you have any questions about your legal rights as an employee, an employment lawyer from Taylor Janis LLP in Vancouver can advise you during a confidential telephone or video consultation.

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