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

British Columbia requires employers to provide 5 paid sick days per year to eligible employees under the Employment Standards Act. This comprehensive guide covers the 90-day eligibility threshold, what counts as reasonably sufficient proof, average day's pay calculations, interaction with 3 unpaid sick days, and includes two sample policy wordings for your workplace.

BC Paid Sick Leave 5 Days: The Direct Answer

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.

Sources

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards

Who Is Eligible for BC's 5 Paid Sick Days?

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.

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How BC Paid Sick Leave 5 Days Interacts with Unpaid Sick Leave

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.

Sources

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards

Paying for Sick Days: Average Day's Pay Calculation

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.

Sources

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards

Reasonably Sufficient Proof: What Employers Can and Cannot Require

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.

Collective Agreements and BC Paid Sick Leave 5 Days

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.

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Employer Compliance Checklist: BC Paid Sick Leave

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.

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Tracking Best Practices for Paid Sick Leave

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 apply it consistently. Common approaches include:

Calendar year: January 1 to December 31 — simplest for most employers
Employment anniversary: Resets on each employee's hire date anniversary — more individualized but harder to administer
Fiscal year: Aligned with the company's financial year — useful for budgeting purposes

4. Do Not Carry Over Unused Days

The ESA does not require employers to allow unused paid sick days to carry over from one year to the next. Unless your policy or collective agreement states otherwise, unused days expire at the end of the defined year. Be sure to state this clearly in your policy.

5. Provide Employees with Balance Information

Consider including sick leave balances on pay stubs or making them accessible through your employee self-service portal. Transparency reduces disputes and helps employees plan appropriately.

Sample Policy Wording #1: Standard BC Paid Sick Leave Policy

The following is a sample policy wording suitable for most BC provincially regulated employers. Adapt it to your organization's specific needs and have it reviewed by a qualified professional before implementation.

PAID SICK LEAVE POLICY

Effective Date: [Insert Date]
Applies To: All employees covered by the British Columbia Employment Standards Act

1. Entitlement

Employees who have completed at least 90 consecutive calendar days of employment are entitled to up to 5 paid sick days per calendar year for personal illness or injury. This entitlement is in addition to the 3 days of unpaid sick leave provided under the Employment Standards Act.

2. Eligibility

This policy applies to all full-time, part-time, temporary, and casual employees covered by the ESA. Employees become eligible on the 91st calendar day of employment.

3. Notification

Employees must notify their direct supervisor or manager as soon as reasonably practicable that they will be absent due to illness or injury. Where possible, notification should be provided before the start of the scheduled shift.

4. Proof of Illness

The Company may request reasonably sufficient proof that the employee was ill or injured. Acceptable forms of proof include, but are not limited to:

A written personal declaration by the employee
A pharmacy receipt
Confirmation of a healthcare appointment (in-person or virtual)
A note from any regulated healthcare provider

Employees are not required to disclose their specific diagnosis. The Company is prohibited from requiring a medical certificate for the first two instances of statutory paid sick leave (up to 5 days each) taken in a calendar year.

5. Pay Calculation

Employees will be paid their regular wages for each paid sick day. For employees with variable hours, pay will be calculated using the average day's pay method: total wages earned in the 30 calendar days preceding the sick day, divided by the number of days worked in that period.

6. Year-End and Carry-Over

The paid sick leave entitlement resets on January 1 of each calendar year. Unused paid sick days do not carry over to the following year and are not paid out upon separation of employment.

7. No Retaliation

No employee will face discipline, demotion, or termination for using paid or unpaid sick leave in accordance with this policy and the Employment Standards Act.

Sources

https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards

Sample Policy Wording #2: Enhanced BC Paid Sick Leave Policy (Employer-Generous)

This enhanced policy goes beyond the ESA minimum and may be appropriate for employers who wish to offer a more competitive benefits package. As with any policy, have it reviewed by a qualified professional.

ENHANCED SICK LEAVE POLICY

Effective Date: [Insert Date]
Applies To: All employees

1. Entitlement

All employees are entitled to the following sick leave benefits for personal illness or injury:

Paid sick days: Up to 7 paid sick days per calendar year (exceeding the ESA minimum of 5 paid days)
Unpaid sick days: Up to 3 additional unpaid sick days per calendar year, as provided by the Employment Standards Act

This provides a combined total of up to 10 sick days per year.

2. Eligibility

Employees are eligible for paid sick leave upon completion of 90 consecutive calendar days of employment, in accordance with the ESA. However, during the first 90 days, employees may access up to 3 unpaid sick days as provided by the ESA, and the Company will exercise discretion in granting additional paid time off for illness on a case-by-case basis.

3. Notification

Employees should notify their supervisor as soon as reasonably possible. For planned medical appointments, employees are encouraged to provide at least 48 hours' notice where feasible.

4. Proof of Illness

Under BC's Employment Standards Act (as amended by Bill 11), the Company is prohibited from requiring a medical certificate for the first two instances of statutory paid sick leave (up to 5 days each) taken in a calendar year. For subsequent instances beyond the first two, the Company may request reasonable verification.

For absences exceeding 3 consecutive days, the Company may request one of the following:

A note from any regulated healthcare provider confirming the employee was seen and is fit to return to work
A telehealth visit confirmation
Other documentation the employee reasonably has available

The Company will reimburse employees for any cost incurred in obtaining a healthcare provider's note, up to a maximum of $50 per note. Employees are never required to disclose their specific diagnosis or medical condition.

5. Pay Calculation

Paid sick days are compensated at the employee's regular wages. For employees with variable schedules, the average day's pay is calculated as total wages earned in the preceding 30 calendar days divided by the number of days actually worked in that period.

6. Carry-Over

Up to 2 unused paid sick days may be carried over to the following calendar year, to a maximum accumulation of 9 paid sick days in any single year. Unused sick days are not paid out upon termination of employment.

7. Integration with Other Benefits

Employees who exhaust their paid and unpaid sick leave and require additional time off may be eligible for short-term disability benefits, if enrolled, or other leave entitlements under the ESA. Employees should contact Human Resources to discuss available options.

8. No Retaliation

The Company strictly prohibits any form of retaliation, discipline, or negative employment action against employees who use sick leave in good faith.

Both of these policy templates can be customized for your organization. For additional ready-to-use policy templates aligned with BC employment standards, visit our free policy downloads page.

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Frequently Asked Questions: BC Paid Sick Leave 5 Days

Q: Can an employer require a doctor's note for a single sick day in BC?

A: The ESA allows employers to request "reasonably sufficient proof" of illness, but this does not automatically mean a doctor's note. For a single-day absence, a personal declaration or pharmacy receipt is generally considered sufficient. Routinely requiring a physician's certificate for short absences may be viewed as creating an unreasonable barrier to the entitlement.

Q: Do paid sick days carry over if unused?

A: The ESA does not require carry-over of unused paid sick days. Unless your workplace policy or collective agreement provides otherwise, unused days expire at the end of the defined year.

Q: Are paid sick days paid out when an employee leaves?

A: No. Unlike vacation pay, unused paid sick days are not required to be paid out upon termination or resignation under the ESA.

Q: What if an employee gets sick during their first 90 days?

A: The employee is not yet eligible for paid sick leave but may still access the 3 days of unpaid sick leave provided under the ESA. Some employers choose to offer paid sick time during this period as a matter of policy, but it is not legally required.

Q: Does the 5-day entitlement apply to part-time employees?

A: Yes. The ESA explicitly covers part-time, temporary, and casual employees. The pay for a sick day is based on what the employee would have earned that day (or their average day's pay for variable schedules), so part-time employees receive proportional compensation.

Q: Can an employer offer more than 5 paid sick days?

A: Absolutely. The ESA sets the minimum floor. Employers are free to offer more generous sick leave provisions through company policy, employment contracts, or collective agreements.

Q: What happens if a statutory holiday falls on a day the employee is on sick leave?

A: If an employee is on sick leave on a statutory holiday, the interaction between sick leave pay and BC stat holiday pay depends on whether the employee qualifies for statutory holiday pay under the ESA. Generally, if the employee meets the eligibility criteria for stat holiday pay, they should receive stat holiday pay for that day rather than having it count as a sick day.

Q: Can an employer discipline an employee for using paid sick leave?

A: No. The ESA prohibits employers from penalizing employees for exercising their statutory rights, including taking paid sick leave. Discipline, demotion, schedule reduction, or termination in response to legitimate sick leave use could constitute a violation of the Act.

Q: How does paid sick leave interact with overtime calculations?

A: Paid sick days are generally not counted as "hours worked" for the purpose of calculating overtime thresholds. For a detailed breakdown of how BC handles overtime, see our guide on BC overtime rules.

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Common Employer Mistakes to Avoid

Based on common Employment Standards complaints and workplace disputes, here are the most frequent mistakes BC employers make with paid sick leave:

Requiring a doctor's note for every absence. This is the single most common error. "Reasonably sufficient proof" is a flexible standard — not a blanket doctor's note requirement. However, employers may be able to require a note from a health practitioner in certain circumstances, such as when leave exceeds 5 consecutive days or when an employee has taken more than 2 health-related leaves of 5 consecutive days or less in the same calendar year.
Failing to pay variable-hour employees correctly. Using a flat rate or minimum wage instead of the proper average day's pay calculation shortchanges employees and creates liability.
Not tracking the 90-day threshold. Employers who don't monitor start dates may inadvertently deny paid sick leave to eligible employees.
Conflating paid and unpaid sick leave. The 5 paid days and 3 unpaid days are separate entitlements. Treating them as a single 5-day bank is a violation.
Applying proof requirements inconsistently. Requiring proof from some employees but not others — particularly along lines that could suggest discrimination — creates significant legal risk.
No written policy. While the ESA applies regardless of whether you have a policy, the absence of a clear written policy leads to confusion, inconsistent application, and disputes.
Retaliating against employees who use sick leave. Even subtle actions — like reducing shifts, excluding employees from opportunities, or making negative comments — can constitute retaliation under the ESA.

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Year-End Planning and Budgeting for Paid Sick Leave

For employers managing budgets, the cost of 5 paid sick days per employee per year should be factored into annual labour cost projections. Here are practical tips:

Estimate utilization rates. Not every employee will use all 5 days. Industry data suggests average utilization of paid sick leave typically ranges from 60% to 80% of the available entitlement, though this varies by sector and workforce demographics.
Budget by department. Departments with higher physical demands or customer-facing roles may see higher utilization. Plan accordingly.
Consider cross-training. The cost of sick leave is not just the wages paid — it includes the productivity impact of the absence. Cross-training employees reduces operational disruption.
Review annually. Track actual utilization against your budget each year and adjust projections accordingly.

Take Action: Align Your Workplace Policies Today

BC's 5 paid sick days requirement is a permanent feature of the employment landscape. Whether you are a small business owner with a handful of employees or an HR leader managing a large workforce, having clear, well-communicated policies is essential.

The two sample policy wordings in this guide give you a strong starting point, but every workplace is different. Your policy should reflect your organizational culture, your workforce composition, and any collective agreement obligations — all while meeting or exceeding the ESA minimum.

Canada Policy Manual provides professionally drafted, regularly updated policy templates that are aligned with monitored government sources across all Canadian provinces and territories. Our templates are designed for real-world use by employers who need practical, plain-language policies they can implement immediately.

👉 Take the product tour to see how Canada Policy Manual can help you build a complete, current policy manual for your BC workplace — including paid sick leave, statutory holiday pay, overtime, and dozens of other employment standards topics.

📄 Need a policy template right now? Visit our free policy downloads page to get started.

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Key Takeaways

BC employers must provide up to 5 paid sick days per year to all ESA-covered employees, including part-time, temporary, and casual workers.
Employees become eligible after 90 consecutive calendar days of employment — this is a one-time threshold.
The 5 paid sick days are in addition to the 3 unpaid sick days under the ESA, for a combined total of up to 8 sick days per year.
Employers may request 'reasonably sufficient proof' of illness, but this does NOT automatically mean a doctor's note. Short-term sick-note requests from a health practitioner are generally restricted, with exceptions — for example, leave lasting more than 5 consecutive days, or more than 2 health-related leaves of 5 consecutive days or less in the same calendar year may trigger additional proof requirements.
Pay for sick days must reflect the employee's regular wages; for variable-hour employees, use the average day's pay calculation (30-day lookback).
Unused paid sick days do not need to carry over or be paid out on termination unless your policy or collective agreement says otherwise.
Employers must not retaliate against employees for using their statutory sick leave entitlement.

Related employer resources

Employee leave entitlements guide — Review the main leave categories Canadian employers need to track.
HR compliance checklist — Review the core policy and documentation areas for your jurisdiction.
HR documentation gap checker — Identify policy documents that may still be missing from your workplace files.
British Columbia employer guide — Review the jurisdiction page, key statutes and connected employer resources.
Attendance, sick leave and vacation: employer resource hub — Organize absence reporting, vacation requests and leave questions using relevant guides and practical tools.