5 Things employees should know about Medical Leave | Employment Law Show TV – S7 E07

Episode Summary

5 THINGS EMPLOYEES SHOULD KNOW ABOUT MEDICAL LEAVE, hours reduced, severance as a company closes, and more on Season 7 Episode 07 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

An employee is terminated after a few months

After just over 2 months I was let go from my job. My company still hasn’t returned my personal property and I wasn’t offered any severance. Am I owed anything?

• Probation periods for employees: Many employees mistakenly believe that probation periods are automatic, when in fact, they have to consent to probation at the start of their employment. Employees that are let go after a short period of time and who have not agreed to be on probation in an employment contract, are owed severance pay upon termination.

Severance if a company closes

A friend of mine, who works in a sales position was told that her employer is retiring. She was given 10 weeks’ notice after 11 years, but no mention of severance pay.

• Severance pay for employees: Employees are owed severance pay upon termination despite the fact that a company has closed or the business has shut down. While working notice counts towards severance pay, it does not ensure that employees are not owed additional compensation. Severance pay is based on a number of factors, including the age of an employee, length of service and position.
  • Learn more about Severance Pay
    Severance in Alberta
    Severance Pay in Ontario
    Severance entitlements in B.C

Manager cuts employee hours

What option does an hourly employee have if their manager keeps cutting down their usual hours? Is that just part of the job?

• Changes made to employee’s jobs: Major changes to the terms of employment, such as a drastic reduction in hours and wages, can lead to constructive dismissal. Employees do not have to accept a major change made to the terms of their employment and can choose to treat this as constructive dismissal. Employees that wish to accept a change temporarily must ensure that this temporary acceptance is documented in writing.

5 Things employees should know about Medical Leave

• The time frame for accepted leave: Employees are able to be on medical leave for as long as their treating medical team and doctors support them. Employers cannot impose a time limit on their employees on medical or sick leave. Employers can have paid sick day programs however this does not prevent employees from taking unpaid leave.
  
• Providing detailed medical information: Employers are not entitled to ask or know specific detailed medical information about a member of staff while on medical leave. Employers are permitted to ask employees about their prognosis and possible accommodations.
  
• Keeping employers up to date: Employees should ensure that their employers are aware of their ongoing leave and the current prognosis. Employees can remind their employers of their ongoing recovery. By updating their employers, employers are unable to state that an employee has resigned.
• Returning to work from leave: Employees that have had their disability benefits denied or cut off by their insurer are not obligated to return to work if their doctors advise them to remain at home. Employers cannot force an employee to return to work despite the decision of the insurance company.
• Replaced while on medical leave: Employees cannot be penalized or terminated as a result of their medical leave or illness. Employers are within their rights to hire a replacement for employees who are currently on leave. Employers must offer employees returning from leave their original job or a comparable position.

Childcare obligations conflict with a schedule

After beginning a new job I was recruited for, my daughter was placed in my care. The new schedule my boss is proposing would mean leaving her unattended. Can I refuse this request?

• Employee childcare obligations: Employees must pursue all possible options for childcare. Employers must provide accommodations for employees that need help in order to care for their children. Employers that fail to accommodate an employee with childcare obligations are potentially violating their human rights.

Terminated for cause due to a sole mistake

While working with a high-end machine it broke down. I was fired and told to pay for it. I worked for the company as a machine operator for over 22 years. How do I calculate severance pay for a machine operator?

• Terminations for cause: Many employees are mistakenly terminated for cause as a result of a sole mistake or error. Employers must be able to prove that an employee has exhibited serious misconduct in order to implement an accurate termination for cause. Employers must show that disciplinary action has been taken and there are no alternatives other than termination.

Denied promotion due to a health concern

In a verbal agreement, my boss stated I would be promoted. Months went by and nothing changed. After communicating my concerns, I was told my chronic health problems prevented the promotion from going through.

• Penalizing employees due to illness or injury: Employees who are refused a promotion as a result of illness, or disability, have been discriminated against in the workplace. It is important to document all incidents of harassment or workplace discrimination in writing that take place in the workplace.

NEXT EPISODE: Employment Law Show S7 E08 – Constructive dismissal true or false

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