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Does a child's illness count as sick leave? Types of leave for BC employees

A child's illness is not paid sick leave in BC; it falls under unpaid family responsibility leave. A summary of sick leave, family leaves and sick-note rules under the Employment Standards Act.

Updated 2026-10-13

Short answer: it is not sick leave; it falls under family responsibility leave

Paid sick leave under BC's Employment Standards Act is for the employee's own illness or injury. When a child is sick or a family member needs care, the relevant entitlement is family responsibility leave: up to 5 days a year, unpaid, but protected, so an employer cannot dismiss an employee for taking it. [2]

Your own illness: 5 paid days plus 3 unpaid days

Employees get 5 paid sick days a year, plus 3 unpaid days, once they have worked 90 days. Part-time and casual workers are covered too. [1]

Sick notes: when an employer can ask

Under the rules the province announced in November 2025, an employer cannot require a medical note for the first two sick absences in a year if each lasts 5 consecutive days or fewer. A note from other licensed health professionals cannot be demanded either. From the third absence, or for a single absence longer than 5 consecutive days, the employer may ask for one. [3]

Longer leaves for a seriously ill family member

LeaveLengthNotes
Family responsibility leaveUp to 5 days a yearUnpaid; care of a child or other family member
Compassionate care leaveUp to 27 weeksFamily member at significant risk of death; medical certificate
Critical illness leave (child)Up to 36 weeksMedical certificate required
Critical illness leave (adult family member)Up to 16 weeksMedical certificate required

These leaves are unpaid by the employer. Some may be paired with a separate federal EI benefit; check Service Canada for the conditions. [2]

Leaves related to having a child

BC pregnancy leave is 17 weeks and parental leave is up to 62 weeks, up to 78 weeks combined. Both are unpaid by the employer, and EI is applied for separately. [2]

Who these rules do not cover

  • Employees in federally regulated industries such as banking, airlines and telecommunications are governed by federal law, not BC's Employment Standards Act.
  • Self-employed people and independent contractors are outside these protections.
Leave lengths and conditions can change. Check the BC government Employment Standards pages for current rules, and contact the Employment Standards Branch if you have a dispute with an employer. [2]