Stress Leave: Fact or Fiction | Employment Law Show TV – S9 E17

Episode Summary

STRESS LEAVE FACT OR FICTION, accommodation requests, harassment in the workplace and more on Season 9 Episode 17 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Alberta, Ontario, and British Columbia on Canada’s only employment law show on TV and radio.

Episode Notes

Returning to work from a long-duration disability leave

I was employed for a little less than 6 months before I had a serious injury and had to be on disability leave. It’s been a decade since I’ve been on leave, and I’m finally ready to return to work. What are my rights under these circumstances?

• Returning from disability leave: Employees who have been on disability leave for an extended period but have not been terminated by their employer are still considered to be employed by that company. Employers must accommodate employees adequately if they have medical restrictions upon returning to work.

Severance if the business shuts down

After 13 years, my employer decided to shut down the business without offering me any severance pay. I wasn’t given advanced notice of this decision, either.

• Business shutdowns: Some industries mistakenly believe that terminated employees are not entitled to severance pay, particularly when a business shuts down. All employees are owed severance pay if an employer decides to close its doors, provided there are no bankruptcy proceedings.
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Accommodation request leads to a cut in hours

I was hired as a full-time cable installer. During my first few months, I had a significant backlog of projects, and my workload was too heavy. I asked for it to be cut back. Now he’s only giving me part-time hours – even though I was hired as full-time. Can he do that?

• Duty to accommodate: Employers must accommodate an employee’s medical conditions, up until the point of undue hardship and cannot penalize an employee for requesting accommodations.
• Constructive dismissals: Employers cannot impose major changes to an employee’s position, such as dramatically reducing their hours. This change can be treated as a constructive dismissal, and employees can pursue their severance entitlements.

Harassed at work for disability

I’ve worked as a courier for 13 years. A few years ago, they were bought by a new owner, and some policies have changed. After voicing an inability to do certain tasks, I was bullied and harassed. What can I do here?

• Workplace harassment: Employees should provide their employers with a doctor’s note detailing their limitations and necessary accommodations. Employers must ensure the workplace is a safe and harassment-free environment. Failing to address necessary accommodations and allowing a toxic workplace to continue could be considered a human rights violation.

Stress Leave: Fact or Fiction

• Right to take stress leave: Any employee who is unable to work due to continued stress and burnout can take a leave of absence to recover.
  
• Accommodate medically supported absences: Employees who wish to take leave should speak to their doctors to provide their employers with support to take leave. Accommodations requested by a doctor must be adhered to by an employer.
• Leave denied and employee penalized: Employees cannot be penalized or terminated due to taking stress leave or requiring accommodations. This would be considered a human rights violation. Employees should speak to an employment lawyer if facing obstacles from their employer.
• Ask for a medical diagnosis: Employers are not entitled to an employee’s medical diagnosis and condition, but are permitted to request a prognosis or potential accommodations.
• Let go for taking a leave of absence: A leave of absence with the support of a treating doctor cannot lead to a termination of employment. A medically supported leave is considered to be protected.

Waiting to be recalled from temporary layoff

My husband worked in manufacturing for almost 9 years – he’s 49. A few months ago, he was informed that there was no work and was placed on temporary layoff until things improved. It’s been almost 2 months with no end in sight. Can he pursue his severance pay, or does he have to wait to be recalled?

• Temporary layoffs: Employees who have been placed on a temporary layoff can treat the layoff as a termination of employment. In most cases, employers do not have the legal right to implement a temporary layoff. Employees do not have to accept this layoff.

Resignation considered a breach of contract

I resigned after a few months, but could only give one week’s notice. My manager flipped out, falsely claimed I breached my contract, and threatened to ruin my reputation when I wouldn’t extend my notice. I am now fearful of retaliation. How do I protect myself?

• Submitting notice of resignation: Employees must look closely at the terms of their employment contract to determine if there is an expected notice period before resigning. It is rare for an employer to be in a position to pursue legal action against an employee for providing insufficient notice. 
  

Can an employer…?

• Bonus cancelled by employer: Employers are not permitted to cancel a bonus if it is a consistent part of an employee’s compensation.
• Extended probation period: Probation periods can generally only be 3 months. Employers might extend a probation period for longer; however, it is typically meaningless.
• Forced to return to office: Employees who have been working remotely for many years can consider this to be an implied term of employment. A forced return to the office can be treated as constructive dismissal.
• Surveillance in the workplace: Employers can generally implement surveillance in public areas, as long as employees are notified.

PREVIOUS EPISODE: Employment Law Show S9 E16 – The Impact of Tariffs for Non-union Workers