Workers in British Columbia coping with serious illness or injury may soon have stronger job security.
The provincial government has introduced an amendment to the Employment Standards Act (ESA) that would allow employees to take up to 27 weeks of unpaid, job-protected leave within a 12-month period for medical treatment and recovery.
If passed, the change will bring B.C. in line with other Canadian provinces and the federal Employment Insurance Sickness Benefits program, which provides similar support for workers unable to work due to illness or injury.
“People should never have to choose between their job and their health.”
That was Premier David Eby’s message as he announced the proposed amendment. “This ensures that people with a serious injury or illness have peace of mind to focus on recovery, while employers retain their skilled workers. This change is about making B.C. a better place to live and work,” he said.
At present, the ESA does not offer long-term job-protected leave for an employee’s own illness or injury. While the B.C. Human Rights Code protects workers from discrimination based on disability, the amendment would go a step further; embedding explicit job protection directly into employment standards law.
What the Proposed Leave Would Include:
- Duration: Up to 27 weeks of unpaid leave within a 12-month period.
- Eligibility: Available to all employees covered by the ESA who are unable to work for at least seven consecutive days due to a serious illness or injury.
- Flexibility: Leave can be taken in multiple periods, ideal for workers receiving ongoing treatment such as chemotherapy or managing episodic conditions like multiple sclerosis.
- Verification: Employees must provide a medical certificate from a doctor or nurse practitioner confirming their inability to work and specifying the expected leave period.
- Scope: A “serious injury” would include long-term harm resulting from intimate-partner violence or a motor vehicle accident, for example.
Bringing B.C. in Line with the Rest of Canada
Provinces such as Ontario, Manitoba, Québec, Nova Scotia, and Newfoundland and Labrador already provide similar 27-week unpaid job-protected leaves. Saskatchewan is expected to introduce a comparable measure soon.
Minister of Labour Jennifer Whiteside noted that the amendment will offer comfort to workers facing major health challenges:“Every British Columbian knows someone who has faced a life-altering diagnosis like cancer or heart disease. People need to know that their job will still be there when they’re ready to return.”
Developed with Input from Stakeholders
The Ministry of Labour consulted with employer groups, worker advocates, and health-care organizations while drafting the legislation. Most expressed strong support, emphasizing the importance of job protection for workers undergoing treatment and the value of retaining experienced employees for businesses.
The Bigger Picture
- Around 245,000 British Columbians are living with cancer, with 42% surviving more than 10 years after diagnosis.
- Across Canada, 8% to 12% of the workforce is off work at any given time due to injury or illness.
Premier Eby summed it up:
“It’s hard to imagine anything more difficult than facing a major health crisis. Knowing your job will be waiting for you removes one major worry during an already challenging time.”|
If passed, the new leave entitlement is expected to take effect later this fall.
HR Compliance Insight
Employers should prepare to update their leave policies, employee manuals, and internal HR procedures once the legislation takes effect. Make sure:
- Managers understand how to handle requests for long-term medical leave.
- Documentation requirements (i.e., medical certificates) are clearly communicated.
- Policies align with both the ESA and any Human Rights Code obligations.
This is a good time to review your sick leave, disability management, and return-to-work procedures to ensure compliance and consistency across the organization.
Source: BC Gov News
