Employee leaves in B.C.

The ESA sets out multiple leaves employees may utilize based on the circumstance. Whether an employee falls sick, need to care for a family member or have to take time to deal with the death of a loved one – there is a leave available which gives them the time off they need.

To qualify for these leaves, the employee must meet the requirements set by the ESA. While most employees qualify, there are some exceptions.

Such as:

  • Federally regulated employees.
  • Independent contractors.
  • Professionals regulated under other provincial regulations (e.g. lawyers, doctors, and architects).
  • Oil and gas workers, truck drivers, taxi drivers, and farm workers.

Employees are required to provide their employer with notice that they are going on leave. However, they are not required to provide this notice in writing. Failure to provide notice will not result in the employee losing their right to these leaves. During these leaves, employers may not terminate employment.

Sick leave 

Sick leave is available to employees in B.C. who need to be absent from work due to illness, injury, or a medical emergency.

Sick leave entitlements

Employers in B.C. are required to provide their employees who are protected under the Employment Standards Act (ESA) with 5 paid days of sick leave. Employees are also entitled to 3 days of unpaid sick leave. In total, employers must provide 8 days of sick leave. These entitlements are outlined within Section 49.1 of the ESA.

All employees who have worked for an employer for at least 90 days are entitled to these sick days.

These sick days are available to all employees covered by the ESA who have been employed by their employer for at least 90 days. This includes part-time, temporary, and casual workers. Employers are required to fund its sick day program, this will not be funded by the provincial government.

Things to keep in mind

There are certain rules which surround sick leave – regarding the employer’s responsibilities when providing this leave and guidelines for employees when taking sick leave.

These include:

  • Sick leave cannot be used to take care of a sick or injured family member.
  • The leave can’t be used for doctor appointments unless it’s due to an underlying health condition.
  • Sick days do not have to be taken consecutively, and employers cannot dictate how sick days are taken.
  • Employees cannot ask for sick days in increments – this will be counted as a full day.
  • Employees must provide a doctor’s note or proof of illness or injury.
  • Sick days cannot be carried over to the next year.
  • At the end of employment, employers are not expected to compensate the employee for unused sick days.

Family Responsibility Leave

In the event that an employee’s family member falls ill or is injured, Family Responsibility Leave offers them 5 days of unpaid leave to care for them. This leave may not be carried over to the following year.

Bereavement Leave

Bereavement Leave offers employees who have suffered the loss of a loved one with 3 days of unpaid leave to attend a funeral or tend to issues relating to the death of an “immediate family member”.

Have questions about employee leaves in B.C.?

If you have questions about providing these leaves and your rights as an employer, Employer Line is here to offer support. Call today at 1-888-948-4759.