Toronto school boards using surveillance to curb sick leave abuse

What’s happening?

School boards in Toronto are reportedly using private investigators to catch educators misusing sick days—and, in some cases, firing them.

“[Sick leave abuse] has led to disciplinary actions, up to and including termination,” Toronto Elementary Catholic Teachers warned in a memo to its more than 4,000 members.

“Protect yourself by adhering to the [collective agreement] guidelines.”

Sources told the Toronto Star that several teachers at one school were let go earlier this year after it was revealed they spent a sick day at a Niagara casino.

LISTEN: Employment lawyer Lior Samfiru discussed the situation with 640 Toronto’s Davelle Morrison.

School boards struggling with absenteeism

Ontario’s auditor general noted in their annual report that the Toronto District School Board (TDSB)—the largest school board in the country—could save $24 million if it better managed staff absences.

Unfunded sick-leave costs at the Toronto Catholic District School Board (TCDSB) account for approximately two-thirds of its $66-million budget deficit.

Education unions said private investigators being used to monitor its members during sick leave is “disturbing” and designed to “intimidate.”

SEE ALSO
• Ottawa doctors getting more sick note requests from public servants
• Education assistant fired after refusing to remove OnlyFans account
• Desk discrimination: Library employee files $4.6-million lawsuit

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.

ADDITIONAL RESOURCES
• Doctor’s notes in Ontario: Everything you need to know
• List of federally regulated companies in Canada
• Federally regulated workplaces and industries in Canada

Can I be punished for taking sick leave?

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

If you face any kind of retaliation (i.e. unwanted changes to your job) for taking sick leave, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can determine if you were the victim of a workplace reprisal and whether you have grounds for a constructive dismissal claim.

SEE ALSO
• Severance pay in Ontario: Employee rights
• What Ontarians need to know about wrongful dismissal
• Employment Law Show: Things to never do without seeking legal counsel

Unionized?

If you’re a unionized employee in Ontario, workplace issues must be handled by your union through the grievance process outlined in your collective bargaining agreement.

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.

Can I be fired for taking sick leave?

Employers in Ontario can’t fire non-unionized workers for taking the sick leave they’re 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’s 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
• Do I have to look for a new job after getting fired?
• Can I get my job back if I’m fired?
• Employment Law Show: Facts about the termination process

Workplace issue? Contact us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or B.C., our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.

Disclaimer: The materials above are provided as general information about the rights of non-unionized employees in Canada. It is not specific to any one company and SHOULD NOT be read as suggesting any improper conduct on the part of any specific employer, or a relationship between Samfiru Tumarkin LLP and a specific employer.