Employment lawyer on CTV News talks returning from medical leave

Interview Summary

As many employees juggle work responsibilities amidst the flu season, questions and concerns have arisen regarding a leave of absence due to illness or injury. Can employees be penalized for taking time away from the office to recover? What are an employer’s obligations?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke to CTV News to answer these questions and more on employee rights.

Interview Notes

• Penalized for medical leave: Employees cannot be terminated due to an illness or injury or punished by their employer for taking a medical leave of absence. Employers that decide to penalize or terminate an employee while on leave are potentially committing a human rights violation. Employees should note that illness or injury does not have to take place within the workplace in order to be able to take medical leave.
• Employee obligations while on leave: Employees should ideally provide their employers with proof from their doctors, such as a doctor’s note, to confirm they are unable to work while on sick leave. Employees that are on medical leave for an extended period of time could and should provide their employers with an updated prognosis.
• Employees returning to work: Employers have a duty to accommodate an employee with medical restrictions and must permit an employee to return to work in the same position. Employers cannot change an employee’s position or delay a return to work.