Employment Law Show: Ontario – S11 E66

Episode Summary

Can an employee be laid off due to a medical leave of absence? Employment Lawyer Alex Lucifero, a Managing Partner at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show.

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Signing a yearly contract for many years: Individuals that have signed repeated contracts for many years are effectively considered to be employees and are owed employee rights and entitlements. Upon termination or an end to many contract renewals, employees would still be owed severance pay. Many employees are mistakenly classified as contract employees.
• Laid off due to illness: Employees cannot be laid off or terminated as a result of a medical condition or illness. Employees with a doctor’s note, are able to take a medical leave of absence in order to recover. Employers that are unable to accommodate an employee’s condition due to a permanent inability to work at all, must offer minimum entitlements.
• Let go due to substance abuse problem: Substance abuse and addiction are considered to be disabilities. Employees that are open and honest with their employer and are seeking treatment cannot be penalized. As addiction is considered a disability, it is a human rights violation to terminate an employee as a result.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
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