BC Paid Sick Leave: Eligibility, Proof, and Policy Wording

Under British Columbia’s Employment Standards Act (ESA), eligible employees covered by the ESA can take up to 5 paid sick days per year for personal illness or injury. Employees must have worked with their employer for at least 90 days to be eligible. This entitlement is in addition to the 3 days of unpaid sick leave provided under the ESA, for a potential total of up to 8 sick days per year. The permanent paid sick leave entitlement took effect on January 1, 2022. The BC government states that employers must provide up to 5 days of paid sick leave per year to eligible employees who need to stay home because they are sick or injured. The paid sick leave entitlement applies to employees covered by the Employment Standards Act (ESA). According to the BC government, employees must have worked with their employer for at least 90 days to be eligible. The government states that the entitlement applies to all employees covered by the ESA, including part-time, temporary, and casual employees. BC also states that both full- and part-time employees are eligible. The ESA does not cover certain types of workers, including: - Federally regulated sectors - Self-employed workers or independent contractors - Employees in professions and occupations excluded from the ESA If you are unsure whether employment standards apply, refer to the BC government’s guidance on whether the ESA applies to the worker or workplace. BC’s 5 paid sick days are in addition to the 3 days of unpaid sick leave under the Employment Standards Act. An eligible employee may therefore have access to up to 8 sick days per year in total: 5 paid days and 3 unpaid days. The BC government also states that the 5 paid sick days do not have to be taken consecutively. The BC Employment Standards Act requires that employers must pay employees their regular wages for paid sick days. However, the detailed calculation method for variable-hour employees is calculated based on the formula set out in the Employment Standards Act. The BC government states that an employer may request reasonably sufficient proof of illness from an employee who takes paid sick leave. The Act does not prescribe specific types of proof, giving employers flexibility while requiring that any request be reasonable in the circumstances. Where a collective agreement provides sick leave benefits that meet or exceed the ESA minimum, those provisions apply. However, the ESA sets the floor — collective agreement terms cannot reduce the statutory entitlement below 5 paid sick days per year for eligible employees. Use this checklist to ensure your workplace is fully aligned with BC's paid sick leave requirements under the ESA: ☐ Policy in place: You have a written paid sick leave policy that reflects the 5 paid sick days entitlement and is communicated to all employees. ☐ 90-day tracking: You track each employee's start date and flag when they cross the 90-day eligibility threshold. ☐ Pay calculation method documented: You have a clear, documented method for calculating average day's pay for variable-hour employees. ☐ Proof requirements are reasonable: Your policy specifies what constitutes "reasonably sufficient proof" and does not default to requiring a doctor's note for every absence. ☐ No diagnosis disclosure required: Your proof requirements do not ask employees to reveal their specific medical condition. ☐ Unpaid sick leave also available: Your policy acknowledges the additional 3 days of unpaid sick leave under the ESA. ☐ No retaliation clause: Your policy explicitly states that employees will not face discipline, demotion, or termination for using their statutory sick leave entitlement. ☐ Records maintained: You maintain accurate records of sick days taken, pay provided, and any proof received — stored securely in compliance with PIPA. ☐ Collective agreement reviewed: If applicable, your collective agreement has been reviewed to ensure it meets or exceeds the ESA minimum. ☐ Managers trained: Supervisors and managers understand the policy, know what they can and cannot ask, and apply the policy consistently. Accurate tracking protects both employers and employees. Here are best practices for managing paid sick leave records: 1. Use a Centralized System Whether you use payroll software, an HRIS, or a well-maintained spreadsheet, all sick leave records should be in one place. This ensures consistency and makes it easy to generate reports or respond to Employment Standards inquiries. 2. Track These Data Points for Each Absence Employee name and ID Date(s) of absence Whether the day was paid or unpaid sick leave Amount paid (and calculation method, if variable hours) Whether proof was requested and received Running balance of paid and unpaid sick days used in the current year 3. Define Your "Year" The ESA does not prescribe whether the 5-day entitlement resets on a calendar year, fiscal year, or employment anniversary basis. Employers should clearly define the reset period in their policy and appl