Summary
2025 was a landmark year for BC workplace law. Three major Employment Standards Act (ESA) amendments reshaped employee leaves and medical documentation. Meanwhile, WorkSafeBC enacted significant policy changes affecting mental disorder claims, OHS regulations, and employer reporting requirements. For your workplace to be in compliance, many of these changes require policy updates and administrative process changes.
Part 1: Employment Standards Act Changes
The BC government passed significant amendments that directly impact operations. These are not optional best practices; they are statutory requirements.
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| Key Change | Effective Date |
|---|---|
| Serious Personal Illness Leave New 27-week unpaid, job-protected leave. Aligns with EI Sickness Benefits. | Nov 28, 2025 |
| Sick Note Restrictions Limits ability to request notes for short absences (5 days or less). | Nov 12, 2025 |
| Prescribed Health Professions Expands who can provide medical info (RNs, Psychologists, Social Workers). | Nov 12, 2025 |
Deep Dive: Sick Note Restrictions
This change removes the employer's blanket authority to demand documentation. You generally cannot require sick notes for short absences unless specific exceptions apply. The burden has shifted: the employer must justify the request, not the employee justifying the absence.
The New Rule
No notes for:
- Absences of 5 consecutive days or less
- Up to 2 absences per year
Exceptions
Documentation may still be required if a specific "pattern of absence" exception applies or for longer duration leaves.
Other ESA Updates
Trend Watch: Right to Disconnect
While Ontario's 'Right to Disconnect' laws are not yet in force in BC, many employers are voluntarily adopting similar policies in 2026. Prioritizing work-life balance is proving to be a critical strategy for improving retention and workplace culture.
Part 2: WorkSafeBC Policy Updates
WorkSafeBC made several policy changes in 2025. The most impactful is the Mental Disorders policy revision, but payroll and OHS changes also warrant attention.
Mental Disorders Policy (Effective March 2, 2026)
The definition of a 'Significant Work-Related Stressor' has changed. It is now defined as excessive in intensity and/or duration compared to the normal pressures of 'employment' generally—rather than 'a worker's employment' specifically. This broadens the scope for accepted claims.
1. Excessive Workload as Stressor
Explicit recognition that "unreasonably excessive workload that persists for an extended period" can constitute a significant work-related stressor.
2. "Good Faith" Scrutiny
Management decisions (discipline, termination) are only excluded from claims if made and communicated in good faith. Decisions communicated in an abusive or threatening manner are considered bad faith.
Operational & OHS Updates
- Tips & Gratuities (Jan 1, 2026): Updated payroll practice directive clarifies how tips should be reported for assessment purposes.
- Online Assessments (Jan 2026): Employers will no longer receive mailed paper payroll reports. You must have an active WorkSafeBC online services account.
Other Key WorkSafeBC Decisions
- Duration of Benefits (retirement age)
- Commutations (Threshold $200→$350)
- OHS: Combustible Dusts
- Societies & Volunteer Firefighters
- Activity-Related Soft Tissue Disorders
- B.C. Exposure Limits (chemicals)
Part 3: Employer Check List
Compliance isn't just about reading the law; it's about updating your operations.
- Update Leaves Policy: Create 'Serious Personal Illness or Injury Leave' policy (27 weeks). Coordinate with EI benefits.
- Revise Sick Note Protocols: Retrain managers. Stop asking for notes for absences ≤ 5 days (up to 2x/year).
- Assess Workload: Identify positions with excessive workloads to mitigate new mental disorder claim risks.
- Update WorkSafeBC Access: Ensure online account is active (paper mail ending) and review tip reporting.
