Generally across Canada, job protection for a medical leave depends on whether the employee is on a statutory protected leave under the Employment Standards Act (ESA) or an approved employer-specific leave policy.

ESA Sick Leave: BC law entitles employees to up to 5 days of paid and 3 days of unpaid sick leave each calendar year (if they meet the eligibility criteria). This period is far shorter than a month, so your employee has already exceeded statutory sick leave.

Job-Protected Medical Leave: Some provinces (like Ontario) have explicit long-term critical illness or injury leave provisions. In BC, there is unpaid medical leave (up to 36 weeks) if the employee provides sufficient medical documentation. Without medical confirmation, the leave may not qualify as protected.

Key point: To trigger statutory job protection for extended absence, you’re entitled to request medical evidence (e.g., your Functional Abilities Form).

Right to Request Medical Documentation
You are within your rights to require medical documentation to confirm both the need for leave and the estimated duration.

The Functional Abilities Form (FAF) is a standard tool for this. If the employee refuses to provide it (or an equivalent doctor’s note), you are not obligated to continue unpaid, job-protected leave.

Document your request in writing, giving a clear deadline for submission (e.g., “Please provide the completed form by [date] to support continuation of your leave”).

Risk of Termination vs. Accommodation Duties
Without Documentation: If he fails to provide the FAF, you could treat the continued absence as unauthorized leave. In such a case, you may be legally entitled to proceed with filling the position, though doing so carries some legal risk if he later provides medical proof.

With Documentation: If he provides it, you may be required to accommodate up to the point of undue hardship. This may include holding his job or offering a temporary modified duty.

Practical Guidance:

Do not terminate immediately. Instead, put him on notice that without medical documentation, his absence cannot be considered job-protected.

Retain all communication records to show that you gave him ample opportunity to comply.

Best Practices Right Now
Formal Written Request: Send a letter/email requesting the Functional Abilities Form by a set deadline.

Clarify Expectations: State clearly that failure to provide the form may result in the leave being considered unauthorized.

Document Everything: Keep all correspondence in case of dispute.

Avoid Premature Replacement: While you may begin contingency planning, filling the role permanently without exhausting this process could expose you to a claim of wrongful dismissal or failure to accommodate.

Bottom Line:
At this stage, you are not automatically required to protect his job beyond the ESA minimums if he refuses to provide medical documentation. However, you must give him a clear chance to comply before taking steps to replace him. If he continues to be vague and does not provide a Functional Abilities Form (or other medical evidence), you could justifiably consider the absence unauthorized and move forward.

Hope this helps!
-HRInsider Staff