Yes. Your employer can contact you while you are on short-term or long-term disability leave.
The company can reasonably communicate with you about your absence, benefits, medical restrictions, accommodations and a possible return to work.
However, being on disability leave doesn’t mean your employer is entitled to every detail about your health or that you must continue performing your normal job while you are medically unable to work.
On This Page:
Why Can Your Employer Contact You While You Are on Disability?
A disability leave doesn’t completely end communication between you and your employer.
The company can need information to:
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Understand how long you are expected to remain away from work
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Administer your workplace benefits
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Find out whether your ability to work has changed
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Understand your medical restrictions and limitations
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Plan appropriate workplace accommodations
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Discuss a possible return to work when medically appropriate
You should generally respond to reasonable requests rather than ignoring your employer simply because you are away on disability leave.
What Can Your Employer Ask You While You Are on Disability Leave?
Your employer can generally ask for information it reasonably needs to manage your absence and determine whether accommodation is required.
That can include:
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Whether you remain medically unable to work
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How long your absence is expected to continue, if known
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Your physical or cognitive restrictions
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Whether those restrictions are temporary or ongoing
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Whether you could return with modified duties or hours
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What workplace accommodations you need
If your ability to return isn’t known yet, it is reasonable to say that you remain under medical care and will provide another update when your doctor reassesses you.
For more information about workplace changes and medical restrictions, read our guide to the duty to accommodate in Canada.
What Medical Information Can Your Employer Ask For?
Your employer generally needs information about what you can and can’t do—not every detail of your medical condition.
Medical information can reasonably address:
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Your restrictions and limitations
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Whether you are currently able to work
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Whether modified duties or hours could help
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How long restrictions are expected to last, where known
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When your ability to work should be reassessed
Your employer generally doesn’t need your complete medical file, detailed treatment history or diagnosis simply because you are away from work.
Your employer can ask your doctor to provide information about your restrictions and abilities so it can understand whether you can return to work with accommodations.
There can be situations where additional medical information is reasonably needed to understand a complicated accommodation issue. The amount of information required depends on the circumstances.
Do You Have to Answer Calls or Emails From Work While on Disability?
You should respond to reasonable communication about your leave, benefits, medical restrictions or return to work.
That doesn’t mean you need to be constantly available.
If frequent phone calls are difficult because of your condition, you can ask the employer to communicate primarily by email or through another manageable method.
Do You Have to Check Work Email or Keep Doing Your Job?
You generally shouldn’t be expected to perform your regular work while you are medically unable to work.
That is different from answering an occasional administrative question about your leave.
For example, an employer asking when your doctor will reassess your restrictions is different from repeatedly asking you to complete reports, answer client questions or continue managing your normal workload.
If your employer is effectively asking you to continue working while you are on disability leave, raise the issue in writing.
What if Your Employer Keeps Asking You to Return to Work?
Your employer can ask for updates about when you might return, but your return should be based on your medical abilities.
If your doctor says you are not ready:
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Tell your employer that you remain medically unable to return
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Provide updated information about your restrictions if reasonably required
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Give an expected reassessment date if your doctor can provide one
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Keep the communication in writing
In some disability claims, the insurer may also arrange a functional capacity evaluation (FCE) to assess what activities you are physically or cognitively able to perform.
If you can return with restrictions, your employer should consider reasonable accommodation rather than simply requiring an immediate return to full hours and regular duties.
If you are receiving LTD, see our detailed guide to returning to work after long-term disability.
How Should You Contact Your Employer When You Are Ready to Return?
Tell your employer when your medical team believes you are ready to attempt a return.
Provide information about:
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Your proposed return date
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Any restrictions that remain
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Whether reduced hours are needed
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Duties you can or can’t perform
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When your restrictions should be reassessed
You don’t necessarily need to be completely recovered before returning. A gradual or modified return can be appropriate when supported by your medical restrictions.
What if Your Employer Is Contacting You Too Much?
There is no single number of calls or emails that is automatically acceptable or excessive.
The nature of the contact matters.
If the communication is becoming difficult because of your medical condition:
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Ask that non-urgent communication be sent by email
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Ask that requests be combined rather than sent repeatedly
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Give the employer a reasonable schedule for medical updates
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Keep copies of the messages you receive
If the company keeps demanding work, ignores your medical restrictions or repeatedly pressures you to return despite clear medical information, get legal advice.
Does Your Employer Have to Hold Your Job While You Are on Disability?
There isn’t one national rule that says every employer must hold a job for a set number of months.
Job protection can depend on the employment and human rights laws that apply to you, how long you have been away, your medical outlook and whether your employer can continue accommodating your disability.
Being away on disability for a long period doesn’t automatically mean your employer can simply end your employment.
If your company is discussing termination, read our guide to how long you can be on LTD before termination.
Frequently Asked Questions About Employer Contact During Disability Leave
Can My Employer Contact Me While I’m on Short-Term Disability?
Yes. Your employer can reasonably contact you about your absence, benefits, medical restrictions, accommodation and a possible return to work. You generally shouldn’t be expected to continue performing your normal job while medically unable to work.
Can My Employer Contact Me While I’m on Long-Term Disability?
Yes. LTD doesn’t end the employment relationship. Your employer can still need reasonable information about your absence, restrictions, benefits and whether a future return to work is possible.
Does My Employer Need to Know My Diagnosis?
Usually, the important information is your ability to work, your restrictions and what accommodation you need. A diagnosis or more detailed medical information can be relevant in some circumstances, but employers generally shouldn’t automatically require your complete medical history simply because you are on disability leave.
Do I Have to Answer My Boss While I’m on Medical Leave?
You should respond to reasonable communication about your leave and return-to-work status. If phone calls are difficult because of your condition, ask to communicate by email or another manageable method.
Do I Have to Check Work Email While on Disability?
You generally shouldn’t be expected to continue doing your regular work while you are medically unable to work. An occasional administrative request about your leave is different from being asked to continue your normal duties.
How Often Can My Employer Contact Me While I’m on Medical Leave?
There is no single rule that applies to every disability leave. Contact should be reasonable and connected to a legitimate need, such as an update on your restrictions, accommodation or possible return to work.
Get Help With Employer Problems During Disability Leave
Staying reasonably connected with your employer is a normal part of many disability leaves. But communication shouldn’t turn into demands for unnecessary medical information, pressure to work or a return that conflicts with your medical restrictions.
If your employer is ignoring your restrictions, refusing accommodation, pressuring you to return or threatening your job, get legal advice before making a major decision such as returning early or resigning.
Samfiru Tumarkin LLP helps employees with disability, accommodation and employment issues in Ontario, Alberta and BC, and represents long-term disability claimants across Canada, excluding Quebec. Our long-term disability lawyers can deal directly with the insurance company and get you what you’re owed.