Can my employer insist I provide proof of being ill when I take sick leave?
I had a nasty flu and took three days off work. Now that I’m back, my employer is insisting I provide a doctor’s note as proof of being ill. Can they do that?

Olivia
North Vancouver, BC
BC employees are entitled to five days of paid sick leave and three days of unpaid sick leave (as explained here). Your employment contract may entitle you to more. Whether you are taking paid or unpaid leave, there are limits to when an employer can require you to provide proof of your illness.
A law put in place in 2025 limits when an employer can request a sick note from a health professional for a health-related leave. An employer can't request a sick note for the first two health-related absences of up to five consecutive days in the same calendar year.
For health-related absences beyond this — like your third illness in a calendar year, or one that lasts more than five days — an employer can ask for reasonably sufficient proof of illness or injury.
What is reasonable will depend on the situation. The factors to consider include:
The type of illness or injury. Requesting a sick note will likely not be reasonable where an illness is relatively common, like a cold or flu.
The length of the absence. Absences of a few days might only require a pharmacy receipt, but for a longer absence, it may be reasonable for the employer to expect more detail from a health professional.
An established pattern of absence. It may be reasonable to insist on proof from a health professional if (for example) an employee is always ill the day before a long weekend.
Whether proof is available. For example, if the employee has returned from a short leave and is no longer ill, they may not be able to get a health professional’s note. The rules in place aim to prioritize people getting better from colds and flus rather than needlessly going into a clinic to make sure they have proof for their boss that they were sick.
The Employment Standards Branch has more on when sick notes may be required.
Communication is key here. Don’t just ghost your employer with little information beyond “I’m sick and not coming in” — let them know that you're entitled to the sick leave at law (assuming you haven't used up your annual allotment), and explain your symptoms and what steps you took to confirm your illness.
If you’re more comfortable doing this in writing, then send it by email. Be respectful, but confident. We've got resources on guiding you through problems at work, including tips for talking to your employer and writing a letter.

David Kandestin
People's Law School