Resources: Human Rights
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Restrictions on Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave, Part 2: The Details of Bill 11
November 14, 2025
In an earlier bulletin, we covered the introduction of Bill 11, Employment Standards Amendment Act, which set out undefined restrictions as to when an employer would be prohibited from requesting a note or other documentation from a health practitioner in relation to an employee health, illness, or injury related leave. This resulted in the pending addition of section 49.2 to the Employment Standards Act (the “ESA”).
On November 12, 2025, the ESA section 49.2 restriction details were announced and implemented, effective immediately, via updates to the Employment Standards Regulation (the “ESR”) (sections 45.032, 45.033 and 45.034).
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Restrictions on Health Practitioner Notes for Employee Health, Illness, or Injury Related Leave, Part 2: The Details of Bill 11 -
Arbitrators Consider Vaccination Policies
December 7, 2021
In the past few weeks, arbitrators have begun to issue decisions considering the reasonableness of COVID-19 vaccination policies in unionized workplaces. The following three decisions out of Ontario provide some key takeaways for employers.
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Arbitrators Consider Vaccination Policies -
ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022
November 25, 2021
On May 28, 2021 we issued an update regarding Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”), which amended the British Columbia Employment Standards Act (the “ESA”). Bill 13 added temporary paid COVID leave (ending December 31, 2021) and added paid leave for personal illness or injury commencing January 1, 2022 (“Paid Sick Leave”), with the amount of days to be determined.
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ESA: Five Days Paid Personal Illness or Injury (Sick) Leave, as of January 1, 2022 -
Vaccination Status and the “New Normal”
August 13, 2021
As governments and businesses seek to avoid closures that have so heavily impacted the economy and everyday life, many are looking to vaccine passports and/or considering mandatory vaccination in the workplace to facilitate a return to “normal” operations.
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Vaccination Status and the “New Normal” -
The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies
August 6, 2021
As vaccination rates increase, and the province continues to progress through each phase of its reopening plan, one of the biggest questions facing employers is whether to implement a mandatory vaccination policy for employees and, in some cases, customers. This is a complex and highly context-specific question that engages human rights issues, privacy issues, and workplace safety considerations.
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The BC Human Rights Commissioner Weighs in on Mandatory COVID-19 Vaccination Policies -
COVID-19-Related Misconduct is Nothing to Sneeze At
July 29, 2021
In a decision issued on May 10, 2021[1], Arbitrator Paul Love dismissed a discipline grievance related to COVID-19-related misconduct. The discipline was issued at a time when, in the words of the arbitrator, “there was a dearth of arbitral jurisprudence” with respect to such misconduct.
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COVID-19-Related Misconduct is Nothing to Sneeze At -
Paid COVID-19 Leave Now, and Paid Sick Leave in 2022
May 28, 2021
Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:
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Paid COVID-19 Leave Now, and Paid Sick Leave in 2022 -
Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act: BC Government Proposes 27-Week Serious Illness or Injury Leave for Employees
November 14, 2025
On October 20, 2025, the BC Legislature introduced Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act. If passed, Bill 30 will amend the Employment Standards Act (the “ESA”) to provide employees with up to 27 weeks of unpaid leave within a 52-week period due to serious illness or injury (the “Serious Illness or Injury Leave”).
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Bill 30, Employment Standards (Serious Illness or Injury Leave) Amendment Act: BC Government Proposes 27-Week Serious Illness or Injury Leave for Employees -
Unreasonable Conduct Before the Tribunal Can Result in Costs
August 18, 2025
This decision concerns judicial review of a costs award by the British Columbia Human Rights Tribunal, under section 37(4) of the B.C. Human Rights Code.
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Unreasonable Conduct Before the Tribunal Can Result in Costs -
Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”
March 19, 2025
On March 6, 2025, the BC Supreme Court released an important and lengthy decision regarding workplace psychological claims. This trial decision addresses the second part of James Pickering’s action for benefits under the Workers Compensation Act, R.S.B.C. 2019, c. 1 [WCA]. The first part of this proceeding, indexed as Pickering v. School District No. 38 (Richmond), 2021 BCSC 1497, was a judicial review of a decision of the Workers’ Compensation Appeal Tribunal (“WCAT”).
At trial, Mr. Pickering argued that two provisions of the WCA infringe his rights under s. 15 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11 [Charter]. He said that those provisions, in combination, led to the denial of his mental disorder claim for workers’ compensation. In short, he argued that his claim was denied for reasons that are discriminatory.
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Workplace Psychological Claims – BC Supreme Court Narrows the “Labour Relations Exclusion”