British Columbia has officially expanded job protections for workers coping with serious illness or injury. The recent amendments to the Employment Standards Act (ESA) now allow employees to take up to 27 weeks of unpaid, job-protected leave within a 12-month period for medical treatment and recovery. This change is now in effect, requiring employers to review and update their policies, procedures, and internal HR practices.
For background, read our earlier article on the proposed changes which explains the rationale and context behind this new leave.
How Job-Protected Leave Works in B.C.
Under the new ESA provisions:
- Duration: Employees can take up to 27 weeks of unpaid leave in any 52-week period.
- Whole-week units: Leave is counted in whole-week blocks, with a week running Sunday to Saturday. Partial-week absences may count as two weeks.
- Multiple periods: If an employee does not use the full 27 weeks at once, remaining leave can be taken later within the same 52-week period, with either a new medical certificate or an update to the original leave plan.
- Medical documentation: Employees must provide a certificate from a doctor or nurse practitioner confirming their inability to work and expected leave dates. Employers cannot require more medical information than what ESA allows, such as disclosure of the diagnosis.
- Job protection: Employers must return employees to their original role or a comparable position, maintain seniority and benefits, and protect employees from retaliation for having taken the leave.
This new leave is intended to complement, not replace, federal Employment Insurance (EI) Sickness Benefits, which provide income support while the ESA ensures job security.
Who Qualifies for the Leave?
Employees are eligible if they:
- Are covered by the B.C. ESA.
- Cannot work for at least seven consecutive days due to a serious illness or injury.
- There is no minimum service requirement beyond ESA coverage.
Leave can be taken in one continuous block or in multiple periods over a 52-week window, allowing flexibility for recurring treatments such as chemotherapy or managing episodic conditions like multiple sclerosis.
Employer Requirements and Compliance
The ESA leave introduces specific responsibilities for employers:
- Accept medical documentation
- Employees must provide a medical certificate from a doctor or nurse practitioner confirming their inability to work and expected leave duration. Remember: recent B.C. rules also restrict when employers can request sick notes.
- Employers cannot demand extra medical details or the disclosure of a diagnosis beyond ESA requirements.
- Ensure job protection and seniority
- Employees must be returned to their original role or a comparable position.
- Seniority and benefits must continue to accrue as required under the ESA.
- Retaliation against employees for requesting or taking the leave is prohibited and could also trigger human rights or wrongful dismissal claims.
- Track and manage leave correctly
- Leave is calculated in whole-week units, with a week running from Sunday to Saturday. Partial-week absences may count as multiple weeks.
- If the full 27 weeks are not used initially, employees can take the remaining leave within the same 52-week period with updated documentation.
- Comply with the Human Rights Code
- ESA leave does not replace accommodation obligations under the B.C. Human Rights Code. Employers must comply with both statutes for extended medical absences.
- Consult Your Benefits Provider
- It’s important to ensure that your benefits provider’s policies are also aligned with this leave. Employers may need to consult with them to ensure understanding and clarity on their end as well.
Examples of Covered Situations
The leave applies to serious health challenges, including:
- Cancer treatment and recovery
- Major surgeries or injuries (including motor vehicle accidents)
- Chronic or episodic illnesses, such as multiple sclerosis
- Injuries resulting from intimate partner violence
- Life-altering diagnoses requiring extended recovery time
Practical Takeaways for Employers
- Update policies and manuals: Ensure employee manuals, sick leave, and accommodation procedures reflect the 27-week leave.
- Train HR and management: Managers should understand documentation requirements, leave tracking, and legal protections for the leave.
- Review disability and attendance programs: Ensure alignment with ESA and Human Rights Code obligations.
- Plan for workforce coverage: Manage temporary staffing carefully to avoid violating job-protection rules.
Coordination with Federal EI Benefits
- Employees may qualify for federal EI Sickness Benefits income support while also taking the ESA leave.
- BC’s 27-week leave provides job protection, complementing EI benefits but operating independently.
Alignment with Other Jurisdictions
B.C.’s expanded leave brings the province in line with similar protections across Canada. Provinces such as Ontario, Manitoba, Québec, Nova Scotia, and Newfoundland and Labrador already provide comparable 27-week unpaid job-protected leaves, with Saskatchewan expected to follow. This alignment helps create more consistent national standards for workers and employers navigating extended medical leave.
Remember: Recent Changes to Sick Note Restrictions in B.C.
Just recently, B.C. also enacted new rules that restrict when employers can request sick notes. These rules aim to reduce unnecessary administrative burdens and protect employee privacy. Employers should be aware of these limits when managing medical absences.
Why This Change Matters
For employees, the leave provides peace of mind and security during serious health challenges. For employers, it offers clear statutory guidance, reduces ambiguity around extended sick leave, and ensures compliance with both provincial and federal standards.
HR Insight: Now that the leave is in effect, employers should act promptly to review and update policies, train staff, and ensure all systems are prepared to accommodate extended medical absences without incurring legal risk.
Source: BC Gov News
