Employment Law

Do I Have to Find a Replacement if I Call in Sick?

replacement, schedule, call in sick

Do I have to find a replacement if I call in sick? Isn’t that the manager’s responsibility?

ANSWER

When an employee is ill, they may decide to call in sick and cancel their scheduled shift. When an employee calls in sick, the employer can ask them to contact co-workers in an attempt to find a replacement to cover the work.

If the employee can’t find a colleague to pick up their shifts, the responsibility to find a replacement shifts to the employer. The company must locate a fill-in.

A company doesn’t have the right to penalize a sick employee who is unable to find a shift replacement. If your employer penalizes you in a significant way or terminates your employment after you fail to find a fill-in, contact us.

If you are terminated without cause in Ontario or British Columbia, you are likely owed severance pay. Severance pay is calculated by considering various factors such as age, position, and length of employment.

If your employer terminates your employment “for cause” based on this one supposed “incident”, you should contact an employment lawyer immediately. Dismissal for cause (termination without severance pay) is reserved only for serious misconduct. Applying a baseless “for cause” dismissal in this case would likely entitle you to compensation via a wrongful dismissal claim.

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