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 into 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 three unpaid days off per calendar year for employees who have worked for the same employer for at least 90 consecutive days.
Eligibility and Entitlement
To ensure employees can take time off when they are sick or injured without losing their jobs, British Columbia’s Employment Standards Act sets clear rules about who qualifies and how much time they can take off.
- 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 from 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
How to calculate paid sick leave in BC involves determining an employee’s average daily pay. According to BC employment standards, this calculation requires dividing total wages earned in the 30 calendar days before leave by the number of days actually worked during that period.
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 may request “reasonably sufficient proof” that leave resulted from genuine illness or injury. Acceptable documentation includes medical certificates, prescription receipts, or similar verification. However, what constitutes reasonable proof depends on factors like leave duration, absence patterns, and the cost burden of obtaining documentation.
Source: Illness or injury leave, Leaves of absence, Government of British Columbia
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 and parental leave BC provisions allow:
- 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.
Source: Maternity and parental leave, Leaves of absence, Government of British Columbia
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
After 90 consecutive days of employment, workers can access family responsibility leave for:
- Care of children under 19 years
- Medical appointments for immediate family members
- School meetings or emergencies involving dependents
- Elder care responsibilities
The five-day entitlement follows the employment year, not the calendar year, starting from the hire date anniversary. Days cannot accumulate or carry forward if unused. Immediate family includes spouse, child, parent, guardian, sibling, grandchild, or grandparent of the employee or their spouse. (Source)
Compassionate Care Leave BC
Employees can take up to 27 weeks of unpaid leave within a 52-week period to provide care or support to a gravely ill family member with a significant risk of death.
Eligibility, Entitlement and Process
No minimum employment period applies for compassionate care leave. The process begins when an employee obtains a medical certificate from a qualified practitioner confirming:
- The family member’s grave illness
- Significant risk of death within 26 weeks
The 52-week period starts on the Sunday of the week the certificate is issued. Employees can take leave continuously or in separate periods with the employer’s agreement. According to the Employment Standards Branch, the leave ends when the family member recovers, dies, or the 27 weeks expire. (Source)
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
Critical illness leave requires a medical specialist’s certificate stating:
- The family member’s life is at risk due to illness or injury
- The family member requires care or support
- The estimated care period
The leave period begins on the Sunday of the week the certificate is issued. Unlike compassionate care leave’s terminal prognosis requirement, critical illness leave applies to serious conditions with recovery potential. Employees must provide notice as soon as practicable after receiving the medical certificate. (Source)
Reservist Leave BC
Reservists taking military training or being deployed with the Canadian Forces Reserve can take unpaid leave.
Eligibility and Entitlement
Reservists receive:
- Up to 20 days of unpaid leave annually for training exercises
- Unlimited unpaid leave for Canadian Forces operations or emergency responses
Four weeks’ written notice is required before training leave, specifying dates and duration. Deployment notice requirements adapt to military scheduling, requiring notice “as soon as practicable.” According to the Government of British Columbia, employers can request official military documentation confirming service obligations. (Source)
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
Parents are entitled to take up to 52 weeks of leave if their child disappears due to a crime, and up to 104 weeks if their child dies. With the employer’s consent, this leave may be taken in separate periods rather than all at once.
Source: Leave for deployment or emergencies, Leaves of absence, Government of British Columbia
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
This leave is available to all employees regardless of how long they have been employed. It includes five paid days and 15 unpaid weeks. The paid portion is compensated at the employee’s average daily pay, which is calculated by dividing the total wages earned in the 30 days prior to the leave by the number of days worked during that period.
Source: Leave respecting domestic or sexual violence, Leaves of absence, Government of British Columbia
Bereavement Leave BC
Up to 3 days of unpaid leave can be taken upon the death of an immediate family member.
Eligibility and Entitlement
Employees are entitled to compassionate leave of up to 3 unpaid days, which do not need to be taken consecutively. The leave may be taken at any time following the death of the immediate family member and does not have to coincide with the funeral date.
Source: Bereavement leave, Leaves of absence, Government of British Columbia
Jury Duty Leave BC
Employees called to jury duty are entitled to unpaid time off for the duration required.
Eligibility and Entitlement
This leave is available to any employee who has been summoned to serve on a jury. The length of the leave depends on the time needed for the jury selection process or the duration of the trial.
Source: Leaves of absence in BC, Government of British Columbia
Employers’ Responsibilities for 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
Throughout an employee’s leave, employers must maintain the employment relationship as if the person remained actively working. This includes:
- Continuing employer contributions to benefit premiums
- Maintaining pension plan participation
- Including leave time for service-based entitlements
- Applying wage increases or improvements that would normally occur
Employers cannot terminate employees for taking protected leave or use absence as grounds for discipline. Group insurance coverage must continue unless the employee specifically opts out in writing.
Upon Employee’s Return
When the employee returns from leave, they must be reinstated to the same position or a comparable one.
The employer is required to contact the employee to coordinate their return, and the conditions of employment cannot be changed without the employee’s written consent.
If the original job no longer exists, the employer may proceed with termination, provided proper severance is given in accordance with employment standards.
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 two weeks of paid vacation after working for the same employer for 12 consecutive months. This increases to three weeks after five years of employment.
Earning Vacation Time
Employees begin earning vacation time during their first year of work. After completing 12 months, they are entitled to two weeks of annual vacation. Once they reach 60 months of employment, the entitlement increases to three weeks.
Taking Vacation Days in Advance
Employees may request to take a vacation before it has been fully accrued, but this requires both a written request and the employer’s approval. Any vacation taken in advance will be deducted from the vacation time earned in the future.
Vacation Pay BC
Vacation pay must equal at least 4% of the employee’s gross earnings from the previous year. After five years of employment, this amount increases to 6%. Employers are required to pay vacation pay at least seven days before the employee’s vacation begins.
Hours of Work and Overtime
The standard work week is set at 40 hours, and employees who are scheduled are entitled to a minimum of two hours’ pay. Overtime pay applies after eight hours of work in a single day or once an employee exceeds 40 hours in a week. In addition, workers must receive a minimum unpaid break of 30 minutes after five consecutive hours of work.
Getting Paid for Work
As of 2025, the minimum wage in BC is $17.40 per hour. Employers must pay employees at least semi-monthly, with pay periods not exceeding 16 days. Deductions and fees are not permitted to reduce earnings below the minimum wage, and a wage statement must be provided to employees each pay period.
Source: Working in B.C., welcomebc.ca
Be sure to also check out our guides on key leaves, rights and obligations in other provinces, including:
- Leave of Absence in Alberta
- Leave of Absence in Ontario
- Leave of Absence in New Brunswick
- Leave of Absence in Quebec
- Leave of Absence in Nova Scotia
- Leave of Absence in Saskatchewan
The bottom line
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.
FAQs About Leave of Absence BC
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.
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.
