Taking a leave of absence from work can be necessary for a variety of reasons, whether it’s for a new child, caring for a sick loved one, or dealing with a personal crisis. In British Columbia, employees have certain rights and protections under the provincial Employment Standards Act when it comes to taking job-protected leaves.
This guide is part of our broader series on Leave of Absence in Canada, focusing specifically on Leave of Absence in British Columbia. It examines the types of leaves available, eligibility rules, notice periods, and other key details that employees need to know. It will also outline employer obligations for administering leaves and complying with BC’s employment regulations.
By understanding leave of absence standards and procedures in British Columbia, employees and employers can ensure their rights are protected as part of Canada’s broader leave of absence framework. This article aims to provide critical insights on navigating leave smoothly and legally in BC as part of the national context.
10 Types of Job-Protected Leave of Absence in British Columbia
The Employment Standards Act protects an employee’s job when they take leave for various reasons, as long as they meet the eligibility criteria. Here are the ten key types of job-protected leave of absence in BC:
Illness or Injury Leave BC
Also known as sick leave, illness or injury leave in BC provides up to 5 paid days and 3 unpaid days off per calendar year for employees who have worked for the same employer for at least 90 consecutive days.
Eligibility and Entitlement
- Employees qualify for paid leave after 90 calendar days of employment.
- The calendar year is January 1 to December 31.
- Leave allotments do not carry over year to year if unused.
- Eligible employees can take up to 5 paid days and 3 unpaid days per calendar year.
- Leave can be taken without advance notice in the event of an unexpected personal illness or injury.
Calculating Paid Sick Leave BC
- Employees are entitled to an average day’s pay for each day of paid leave.
- Average day’s pay is calculated as:
- Total wages earned in the 30 calendar days prior to leave
- Divided by the number of days worked
Here is an example for calculating the average day’s pay for paid sick leave:
Total Hours Worked in 30 Days Prior: 120 hours
Total Wages Earned in 30 Days Prior: $2,040
Number of Days Worked in 30 Days Prior: 20 days
Calculation: $2,040 / 20 days = $102 for one sick day. Average Day’s Pay $102.
Providing Proof
- Employers can request reasonably sufficient proof that the leave was due to illness or injury.
- Proof may include a doctor’s note, prescription receipt, or other documentation.
- What is considered “reasonable” depends on factors like leave duration, pattern of absences, and cost of obtaining proof.
BC Maternity Leave and BC Parental Leave
Birth mothers are entitled to up to 17 consecutive weeks of unpaid maternity leave. This is followed by up to 62 weeks of unpaid parental leave, which can be shared between both parents.
Eligibility and Entitlement
- Maternity leave can begin up to 13 weeks before the expected birth date.
- At least 6 weeks of maternity leave must be taken after birth.
- Parental leave can be taken by birth and adoptive parents.
- Birth mothers can take 17 weeks of maternity leave plus 61 weeks of parental leave.
- Parental leave must begin immediately after maternity leave ends.
Notice Requirements
- Employees must give their employer at least 4 weeks written notice before taking maternity or parental leave.
- Employers can ask for proof of entitlement to leave, such as a doctor’s note.
Family Responsibility Leave BC
Eligible employees can take up to 5 days of unpaid leave per employment year to attend to the care, health or education of a child or the health of other immediate family members.
Eligibility and Entitlement
- Available after 90 consecutive days of employment.
- Up to 5 unpaid days per employment year (not calendar year).
- It can be taken to care for children under 19 or other immediate family members.
- Does not accumulate or carry over if unused.
Compassionate Care Leave BC
Employees can take up to 27 weeks of unpaid leave within a 52-week period to care for a gravely ill family member at risk of dying within 26 weeks.
Eligibility, Entitlement and Process
- The employee must notify their employer they are taking leave.
- The employee must obtain and provide a medical certificate confirming the family member’s grave illness and risk of death.
- The 52 week period begins the Sunday of the week the certificate is issued.
- Leave can be broken up into multiple periods within the 52 weeks.
BC Critical Illness or Injury Leave
This unpaid leave of up to 36 weeks for children and 16 weeks for adults allows employees to care for a critically ill or injured family member whose life is at risk.
Eligibility, Entitlement and Process
- The employee must notify their employer they are taking leave.
- The employee must obtain and provide a medical certificate that:
- Confirms family member’s life is at risk due to illness or injury
- Indicates time period care is required
- The 52 week period starts the Sunday of the week the certificate is provided.
- Leave entitlement ends after a specified time period in the medical certificate.
Reservist Leave BC
Reservists taking military training or being deployed with the Canadian Forces Reserves can take unpaid leave.
Eligibility and Entitlement
- Up to 20 days unpaid leave per calendar year for training.
- Unpaid leave for length of deployment or emergency response.
- Notice must be provided 4 weeks before leave start and end dates.
Leave for Disappearance or Death of a Child BC
This unpaid leave is available for parents whose child disappears due to a crime or dies.
Eligibility and Entitlement
- Up to 52 weeks’ leave if a child disappears due to crime.
- Up to 104 weeks leave if a child dies.
- It can be taken in periods with employer consent.
Leave for Domestic or Sexual Violence BC
Employees who experience domestic or sexual violence can take up to 5 paid and 15 unpaid weeks off per calendar year.
Eligibility, Entitlement and Pay Calculation
- Available regardless of time employed.
- 5 paid days and 15 unpaid weeks.
- Paid at average day’s pay, calculated as:
- Total wages in 30 days prior divided by days worked.
Bereavement Leave BC
Up to 3 days of unpaid leave can be taken upon the death of an immediate family member.
Eligibility and Entitlement
- 3 unpaid days, no need to be consecutive.
- It can be taken anytime after the death occurs.
- Does not need to align with the funeral date.
Jury Duty Leave BC
Employees called to jury duty are entitled to unpaid time off for the duration required.
Eligibility and Entitlement
- Unpaid leave for any employee summoned to jury duty.
- Leave length depends on the time required for the jury selection process or trial.
Employers Responsibilities for Employees Leaves of Absence in British Columbia
When an employee takes a protected leave, employers have certain obligations to hold their job and continue benefits.
During the Leave
- The employee is still considered continuously employed.
- They remain eligible for any pay or benefit increases they normally would.
- Employers must continue paying benefit premiums, if applicable.
Exceptions:
- The employee elects not to continue certain benefits.
- Reservists’ leave, where benefit contributions can be suspended.
Upon Employee’s Return
- The employee must be returned to the same or comparable job.
- The employer must contact the employee to coordinate their return.
- Conditions of employment can’t be changed without written consent.
- If the job no longer exists, termination with proper severance can occur.
Employee Notification Requirements
- Most leaves require advance written notice from the employee indicating the start and end dates.
- Medical documentation may be requested as verification for health-related leaves.
- Employees should give as much notice as possible when requesting or extending a leave of absence.
By fulfilling these obligations, employers enable employees to take leave seamlessly without impacting job status or income security. Both parties must communicate promptly and transparently throughout the process.
Other Key Employment Standards in British Columbia
In addition to leave entitlements, employees in BC are also protected by other minimum standards:
Annual Vacation Entitlement BC
Most employees are entitled to a minimum of 2 weeks paid vacation after working for the same employer for 12 consecutive months. This increases to 3 weeks after 5 years of employment.
Earning Vacation Time
- Vacation time is earned during the first year of employment.
- After 12 months, employees get 2 weeks of annual vacation.
- After 60 months, employees get 3 weeks of annual vacation.
Taking Vacation Days in Advance
- Employees can ask to take a vacation before it is accrued.
- Must have employer approval and written request.
- Advances are deducted from future earned vacation time.
Vacation Pay BC
- Minimum 4% of gross earnings from the prior year.
- Increases to 6% of gross earnings after 5 years.
- Must be paid out at least 7 days before vacation.
Read more: Vacation & Paid Time Off Policies in Canada
Hours of Work and Overtime
- The standard work week is 40 hours with minimum pay for 2 hours when scheduled.
- Daily overtime pay triggered after 8 hours.
- Weekly overtime pay triggered after 40 hours.
- Minimum 30-minute unpaid break after 5 hours.
Getting Paid for Work
- The minimum wage in BC is $17.40 per hour as of 2025.
- Pay periods cannot exceed 16 days.
- Employees must be paid semi-monthly.
- Deductions and fees cannot reduce pay below minimum wage.
- Employees must receive a wage statement each pay period.
Be sure to also check out our guides on key leaves, rights and obligations in other provinces, including:
Summary
The wide variety of job-protected leaves available in British Columbia provides employees with the flexibility and security to attend to important family, health, and personal matters outside of work. Leaves of absence allow both employers and employees to temporarily suspend typical work obligations when special circumstances arise.
By understanding the laws and best practices around leaves of absence in BC, both parties can navigate leaves seamlessly while upholding their mutual rights and responsibilities. Employees can take advantage of leave as employee benefits without risking their job status. Likewise, employers can comply with regulations and maintain positive morale.
Adhering to transparent communication, proper procedures, and good documentation protocols enables employees and employers to make the most of BC’s leading leave of absence provisions. With the insight provided in this guide, readers now have a detailed overview of leaves in BC as well as answers to common questions.
FAQs About Leave of Absence BC
What types of job-protected leaves are available in BC?
In British Columbia, the main job-protected leave types include maternity leave, parental leave, compassionate care leave, family responsibility leave, bereavement leave, Illness or injury leave, reservists’ leave, disappearance or death of a child leave, domestic sexual violence leave, and jury duty leave.
How much notice do I have to give my employer before taking leave in BC?
Most leaves require 4 weeks written notice to be given to the employer, with the exception of compassionate care leave which requires as much notice as reasonably practical.
What are the eligibility requirements for maternity and parental leave in BC?
To qualify for maternity leave, the employee must be the birth mother. For parental leave, the employee must be a birth or adoptive parent caring for a child. Certain minimum lengths of service may be required.
Do I get paid when on leave in BC?
Only some types of leave are eligible for partial income replacement through EI. Otherwise, the leave is unpaid unless the employer voluntarily pays.
Where can I find the forms required for taking leave in British Columbia?
The necessary forms can be found on the Government of British Columbia website or requested directly from the Employment Standards Branch.
Why do employers have to hold an employee's job during leave in BC?
Job protection is a right provided under BC's employment regulations. Exceptions can be made in certain limited circumstances.
When can an employer request proof for a leave of absence in BC?
The employer can request proof only after the employee has taken the leave. Medical certificates or other documentation may be required.
Do benefits continue while an employee is on leave in BC?
It depends - employer-provided benefits can be suspended but the employee can opt to continue benefits by paying their share.
Is there a maximum length of leave I can take in British Columbia?
Yes, each leave type has a maximum duration specified in the Employment Standards Act. Extensions may be granted if both parties agree.
Can my employer force me to take a leave of absence in BC?
No, the employer cannot force leave unless there are reasonable circumstances, such as medical necessity. Most leaves are at the employee's discretion.