Fired for contracting COVID-19 and taking medical leave?

Interview Summary

A former Amazon work in the U.S. is suing her former employer after she claims she was wrongfully dismissed due to contracting COVID-19 and experiencing long-COVID. What rights do employees have if they are ill or on medical leave? Can employers penalize employees in Canada for taking sick leave?

Alex Lucifero, an Ottawa employment lawyer and managing partner at Samfiru Tumarkin LLP, joined CTV News Ottawa to answer these questions and more.

Interview Notes

• Options available to employees unable to work due to medical reasons: Employees in Ontario can take a protected leave of absence for medical reasons if they have their doctor’s support. Employers must also accommodate an employee based on their medical condition.
• Time limits on medical leave: There is no set time limit for an employee who has to take a medical leave of absence, as long as there is a reasonable expectation for an eventual return to work.
• Employee rights if refused medical leave: If an employee’s request for medical leave is refused by their employer, they should seek legal advice, as their human rights have likely been violated. An individual may be owed severance pay, along with additional damages.