Sick note spike: Ottawa doctors getting more requests from public servants

Some doctors in Ottawa are reporting a spike in demand for sick notes from public service workers.

“So, this has only started since September, we’re at about two to five accommodation requests per week,” Dr. Alykhan Abdulla, a family physician in Manotick, told CTV News.

“You have to have a conversation. Does this make sense? Does it not make sense? Does it meet the criteria that the government has for accommodations? Or is it something more about standing in opposition against returning back to [the office] three days a week?”

Dr. Abdulla said public servants have been claiming a variety of things, including:

• Environmental allergies
• Too much light or noise
• Not having an actual desk at the office
• Concern about contracting COVID-19 from colleagues

He noted that these types of claims “don’t have true medical correlation or substantiation for the reason why they need the accommodation.”

Union head not surprised

Nathan Prier, president of the Canadian Association of Professional Employees (CAPE), said he isn’t surprised by the increase in sick note requests.

“It speaks to the work-life balance and the controlled work environment that our members discovered over [the] last four years,” Prier told CTV News.

“For a lot of our members, working from home meant better mental health, physical health, and just better concentration and focus and productivity especially. And that’s not just kind of like anecdotal throw away information. That’s Statistics Canada’s own data.”

The Treasury Board of Canada Secretariat said requests for accommodation are handled by each government department.

SEE ALSO
• Ontario to scrap sick notes: What employees need to know
• What Ontarians need to know about returning to the office

Sick leave entitlements in Ontario

Non-unionized workers in Ontario who have been employed for at least two weeks are entitled to up to three days of unpaid sick leave annually under the Employment Standards Act (ESA).

However, if you work for a federally regulated employer in the province, you might be able to access up to 10 paid sick days.

LEARN MORE
• List of federally regulated companies in Canada
• Federally regulated workplaces and industries in Canada

Can my employer punish me for taking sick leave?

Employers in Ontario can’t punish, or threaten to punish, non-unionized employees for asserting their workplace rights.

If you were punished for taking sick leave, that is likely a reprisal and you should contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

ADDITIONAL RESOURCES
• Reprisals at work in Alberta: Employee rights
• Workplace reprisals in B.C.: Know your rights

Can my employer make major changes to my job after sick leave?

In Ontario, non-unionized workers don’t have to accept significant adjustments to the terms of their employment.

Major modifications, such as a demotion, pay cut, or workload increase, are illegal in the province.

WATCH: Employment lawyer Lior Samfiru breaks down everything you need to know about changes to your job on an episode of the Employment Law Show.

If unwanted changes are made to your job after you return from sick leave, or for any reason, it’s possible that you can treat it as a constructive dismissal.

In this situation, the law allows you to resign and pursue full severance pay.

If you believe that you have been constructively dismissed, don’t quit your job before speaking with our firm.

ADDITIONAL RESOURCES
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Your rights
• Employment Law Show: Things to never do without seeking legal counsel

How is severance pay calculated?

Severance for non-unionized employees in Ontario can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action.

We regularly resolve wrongful dismissal claims and can help you secure proper compensation.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for federally regulated workers
• Severance pay for provincially regulated employees

Can employers pressure staff to quit after sick leave?

No matter how upset your employer is that you took sick leave, companies in Ontario can’t pressure or force staff to resign.

If your boss is encouraging you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting Samfiru Tumarkin LLP–you might have grounds for a constructive dismissal claim and a human rights complaint.

Already resigned?

If you were forced to quit your job for any reason, connect with our team as soon as possible.

In addition to severance pay, we can help you obtain compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do
• Employment Law Show: Situations that trigger legal disputes

Can my employer fire me for taking sick leave?

Employers in Ontario can’t fire non-unionized workers for taking the sick leave that they are entitled to under the ESA or Canada Labour Code (CLC).

However, companies can let staff go for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

If you were fired because you took sick leave, there is a very good chance that this would be considered disability-based discrimination under provincial and federal human rights legislation–making the termination illegal.

SEE ALSO
• Termination for cause in Ontario: Employee rights
• Do I have to look for a new job after getting fired?
• Employment Law Show: Facts about the termination process

Lost your job? Contact us

If you were fired or let go for taking sick leave, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have secured favourable outcomes for tens of thousands of non-unionized employees.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are legally entitled to.

Disclaimer: The materials provided in this article are for general informational purposes only and do not constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.