News Legislation
Job-protected medical leave will let B.C. workers return to work after serious illness

Workers in British Columbia with a serious illness or injury will have improved job protection under a proposed amendment to the province’s Employment Standards Act.

Following the changes, working people will be able to take as many as 27 weeks of unpaid, job-protected leave within a 12-month period to undergo medical treatment and recovery.

The amendment will bring British Columbia’s protections up to the standard that is already in place in other jurisdictions in Canada, and in alignment with financial supports provided by the federal Employment Insurance Sickness Benefits program.

“People should never have to choose between their job and their health,” said Premier David Eby. “This proposed amendment ensures that people with a serious injury or illness have the peace of mind to focus on their recovery, and employers will be better able to retain their skilled talent. This change is about making B.C. a better place to live and work.”

Currently, there are no provisions under the act that provide long-term job-protected leave for employees who are unable to work due to their own serious illness or injury. While workers who experience long-term illness or disability have existing legal protections against discrimination under the B.C. Human Rights Code, the proposed changes will ensure that the protection is built into the Employment Standards Act.

“Every British Columbian knows somebody who has been affected by a life-altering diagnosis like cancer, multiple sclerosis, heart disease or Parkinson’s,” said Jennifer Whiteside, Minister of Labour. “At this crucial time in their lives, people need to know that their job is safe, and they can take needed time off to receive medical treatment and recover. Every year, about 31,000 people are diagnosed with cancer in the province, and it is vital that we provide this assurance for workers and their families.”

The protection will apply to all workers covered by the Employment Standards Act who have a serious personal illness or injury and who are unable to work for at least one week (seven consecutive days). The leave can be taken in multiple periods, not just one continuous leave, to make sure that workers requiring treatment, such as chemotherapy, or who suffer from episodic diseases, such as multiple sclerosis, have the time they need.

To access the entitlement, employees must obtain a medical certificate from a doctor or nurse practitioner stating that they are unable to work due to medical reasons and the dates during which leave is required.

The Ministry of Labour engaged with employer, worker and health-care advocates to help inform the legislation. The amendment was welcomed by the majority of those engaged, agreeing that workers deserve to know that their jobs are there when they return to work after experiencing a serious illness or injury.