Job-protected medical leave for serious illness or injury (Employment Standards Act Amendments)

As of early December 2025, amendments to the Employment Standards Act (ESA) provide workers with up to 27 weeks of unpaid, job-protected leave within a 12-month period due to serious illness or injury.

What does this mean?

A worker’s position is protected while they are away from work due to a serious illness or injury. This applies to medical leaves that exceed one week, up to a maximum of 27 weeks within a rolling 12-month period.

1. Leave may be taken consecutively or cumulatively (for example, a worker may return to work for a period of time and then require additional leave).
2. The 27-week entitlement is inclusive of all available sick leave benefits including Employment Insurance.
3. The intent of the legislation is to ensure job protection for up to 27 weeks, regardless of the funding source, until applicable benefits or insurance plans are exhausted.

What do I need to do?

When a worker is on medical leave:

1. Ensure appropriate medical documentation is obtained from a health practitioner confirming the leave dates, including the anticipated return-to-work date.
2. Where a worker is participating in the Return to Work / Stay at Work Program (UBC Vancouver) or the WRAP Program (UBC Okanagan), required medical documentation will be requested and collected through those programs.

Workday administration

If an employee has exhausted their paid sick leave, eligible employees can be placed on this leave in Workday by selecting ‘Serious Illness/Injury Protected Unpaid Medical Leave’. Paid sick leave plus the Serious Illness/Injury Protected Unpaid Medical leave cannot exceed 27 weeks for a serious illness/injury. If an employee continues to have a serious illness/injury and has not been approved for disability benefits at 27 weeks, they should be place on unpaid medical leave.

Questions?

Visit the Serious illness/injury protected unpaid medical leave page on the UBC HR website. 

If you have questions about an employee’s current medical leave or would like to discuss how this job-protected leave is administered, please contact benefitsinfo@ubc.ca