B.C. Employers: Your 2026 Compliance Reset (Sick Notes, Extended Medical Leave, Wages, and Records)

Several amendments to the British Columbia Employment Standards Act (ESA), effective in late 2025, make the start of the new calendar year a good time to review and update workplace policies, retrain management staff, and ensure that your payroll and human resources processes comply with current employment standards in British Columbia. Below is Greyston Law’s practical first-quarter checklist for employers in British Columbia.

1. Update your policies regarding sick notes

Effective November 12, 2025, British Columbia introduced new regulations that restrict the circumstances under which employers may require medical notes for short-term health-related absences. Specifically, employers are now prohibited from requesting a sick note for an employee’s first two health-related, short-term absences of five days or fewer within the same calendar year.

What to do now:

• Revise absence and illness protocols so that supervisors and managers do not automatically request a medical certificate for routine short-term absences early in the year.

• Educate supervisory staff on alternative measures: document the absence, confirm the anticipated date of return to work, and request non-medical information necessary for scheduling and benefits administration—without escalating to a prohibited request for a medical note.

• Implement a consistent tracking system to enable human resources to monitor whether an employee has already utilized the “first two” protected short absences within the calendar year.

Please note that the government of British Columbia has established this standard as the minimum requirement for employees covered by the ESA. Even if your organization has traditionally asked for medical notes “as a matter of policy,” it's important to update these practices to stay compliant and foster positive relationships with your staff.

2. Add the new 27-week “serious personal illness or injury” leave to your leave program

Effective November 28, 2025, ESA-covered employees in British Columbia may be entitled to up to 27 weeks of unpaid, job-protected leave within a 52-week period if they are unable to work for at least one week due to a serious personal illness or injury. 

This leave is not merely a policy item; it significantly influences staffing arrangements, benefits administration, and accommodation procedures. Below is a summary of the mechanisms that should be integrated into your leave procedures:

• Measurement period: Up to 27 weeks of leave within any 52-week interval.

• Units of leave: Leave must be taken in one-week increments (or more).

• Medical certificate: The employee is required to obtain a certificate from a healthcare professional (as defined) confirming their inability to work due to medical reasons and specifying the relevant dates; the employee must submit this documentation to the employer as soon as reasonably practicable.

• Eligibility timing: The ESA states “the prescribed number of consecutive days, if any,” and, according to government guidance, the leave is available to employees regardless of their length of service (subject to any future regulations).

What to do now:

• Update your leave of absence policy and internal leave forms to include this leave and its documentation requirements.

• Align your internal workflow with overlapping obligations (e.g., benefit continuation, human rights accommodation where applicable, and return-to-work planning).

• Confirm the responsible department for internal ownership of the file (e.g., HR, payroll, or operations) and establish a formal handoff process for weekly increments and extensions.

3. Run a Q1 wage and payroll audit and calendar the next minimum wage update

B.C.’s general minimum wage increased to $17.85 per hour on June 1, 2025; however, some employees in specific industries have different minimum wages, for example, online platform workers, resident caretakers, and liquor servers.

What to do now

• Confirm all hourly rates remain compliant. For employers with employees subject to specific wage rules under the ESA, for example, online platform workers, confirm you are applying the correct rate and approach.

• While the minimum wage for 2026 is not officially set, calendar June 1, 2026 to confirm any increase adjustment.

4. Tighten record keeping and pay statement compliance 

Under the ESA, employers must keep accurate time and payroll records and provide employees with wage statements (pay stubs) containing the required details. In practice, many complaints are difficult to defend because the employer’s records are incomplete or inconsistent. At a minimum, confirm you:

• Track hours worked each day for each employee;

• Provide a wage statement each payday with required information (hours, rates, overtime, gross/net, deductions, vacation/stat amounts, etc.);

• Keep core employment and payroll records (employee info, start date, wage rate, hours, benefits paid, holiday/vacation taken and amounts paid/owing, and more). 

Need a tailored compliance review?

Greyston Law works with British Columbia employers to update policies, build defensible leave-management processes, and reduce exposure to ESA and workplace disputes. If you would like a new year compliance reset review of your handbook, forms, or manager scripts, we can help.

Legal Disclaimer

This blog post is provided for general informational purposes only and does not constitute legal advice. Employment law is fact-specific and varies by jurisdiction; you should obtain legal advice regarding your particular circumstances.

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