Communicating with your Employer while on LTD FAQ

If you are on long-term disability (LTD) through group benefits, there are a few things you should be aware of when communicating with your employer during the disability leave.

The disability lawyers for Canada at Samfiru Tumarkin LLP have created the FAQ below to answer commons questions about the intersection between your employer and LTD.

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Can my employer contact me while I am on LTD?

Yes, your employer is allowed to contact you during your disability leave.

The company might need information on:

• The date you believe you will be able to return to work
• Workplace accommodations that need to be made when you return to work
• The continuation of your benefits

It’s important to remember that your employer is limited in the information they can request from you during your disability leave.

In addition to a potential return-to-work date, the company can ask you about how long you think you will be absent from work and if there have been any changes to your condition.

If your employer does reach out to you during your disability leave, you should respond and document every interaction you have with the company.

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Can my employer request private medical information?

Your employer can’t request private medical information. In Canada, employees don’t need to answer questions about their diagnosis, treatment, or the medication you might be taking.

SEE ALSO
• Sick notes in Ontario: Rights for employees
• What employees in Alberta need to know about sick notes
• Doctor’s notes in British Columbia: Know your rights

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What is a Functional Abilities Form?

During your disability leave, your employer might ask your doctor to complete a Functional Abilities Form (FAF).

This form contains a list of the physical and/or cognitive skills involved in performing your job. The FAF is meant to identify which skills are impaired or limited due to medical reasons.

Once you receive this document, take the time to review it carefully. When used correctly, the FAF can help your employer plan for your return to work and highlight any workplace accommodations that need to be made.

However, in some cases, companies might try to use the form to get information about your diagnosis or treatment plan.

SEE ALSO
• Independent medical assessment: Tips from a lawyer
• Frequently used long-term disability definitions

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Can my employer end my extended benefits while I’m on LTD?

The short answer is no. If your employer maintains your benefits coverage at the start of your disability leave, they can’t end the coverage unless it’s clearly stated in the policy.

In some cases, companies will pick arbitrary times to end your coverage. If your employer cuts off your access to benefits, contact the experienced employment and disability law team at Samfiru Tumarkin LLP immediately.

LEARN MORE
• Disability Law Show: 5 crucial things to do when your LTD benefits are cut off

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What should I do if my employer keeps asking me to return to work?

If your employer keeps asking you to return to work during your disability leave, and your doctor has not cleared you to return, it can be considered harassment.

In Canada, employees don’t have to tolerate harassment in the workplace, either from coworkers or managers. Companies have a duty to investigate and respond appropriately to allegations of harassment and abuse.

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, this can be grounds for a constructive dismissal.

Contact an employment or disability lawyer at Samfiru Tumarkin LLP today to explore your rights.

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• Employer ordered to pay $99,000 in damages for propositioning employee

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Can my employer fire me while I’m on LTD?

Fired while on disability leave

Your employer can fire you during your disability leave. This is called a termination without cause.

In Canada, companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal are not discriminatory

Fired because of a disability leave

However, your employer can’t fire you because of your disability leave. This would be in breach of your right to be free from discrimination. That is why most companies avoid ending the employment of someone who is on a disability leave. If this happens, you are not only entitled to a full severance package, but also human rights damages.

Fired “for cause”

Additionally, an employer can’t incorrectly fire an employee for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove:

• Progressive disciplinary measures were applied
• A less severe punishment would be insufficient

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

Generally, employers avoid dismissing workers while they are on disability leave so that they don’t risk breaching an individual’s human rights.

ADDITIONAL RESOURCES
• How to calculate severance pay
• Severance Pay in Ontario
• Alberta severance packages
• Understanding severance in B.C.

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When should I contact my employer if I’m ready to return to work?

If your doctor has cleared you to return to work, you should reach out to your employer as soon as possible.

Employees returning from disability leave might need workplace accommodations, such as modified hours and duties. In these situations, it’s the worker’s responsibility to provide the company with the necessary medical documentation.

Once this information is provided, your employer has a duty to accommodate your needs.

LEARN MORE
• Disability Law Show: What to know about returning to work from LTD

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Questions? Concerns? Contact Us!

If you are experiencing an issue anywhere in Canada (excluding Quebec) with your long-term disability claim or the insurance company, call our team at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.

You can also post your specific question about your long-term disability claim online for a quick answer by a disability lawyer at Samfiru Tumarkin LLP, at MyDisabilityQuestions.com.

As Canada’s most positively reviewed disability law firm, we have the experience, tenacity and determination required to provide you with the advice you need, and the compensation you deserve.