Employment Law Show 640 Toronto – S9 E38

Episode Summary

An employee on medical leave, vaccinations in the workplace, unsafe work and more on Season 9 Episode 38 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer and partner Jon Pinkus, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Jon shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

I’ve been a manager for ten years and am on a temporary layoff despite the fact that my company is still operating. I was told that I can return but with a demotion and a pay cut. What do I do?

Employees do not have to accept a temporary layoff and can choose to treat the layoff as termination and pursue severance. The Employment Standards Act changes have only impacted minimum severance entitlements and not an employee’s full entitlements.

I was forced to take a medical leave recently and on short-term disability. I applied for LTD and was denied and told my employer I still couldn’t return to work. My employer demanded I return. What do I do?

Employees should ultimately listen to the advice of their doctor regarding whether or not they should return to work. Employers cannot terminate employees on medical leave or imply that an employee has abandoned their job as it is a human rights violation.

How long can someone be away from work due to a medical leave?

There is no specific time limit to medical leave despite the Employment Standards Act stating an employee is permitted three sick days per year. Employees who are ill should remain home or work remotely if they are able to do so.

Does an employer have the right to ask an employee the specifics of their medical condition?

While an employer should be informed of an employee’s ability to return to work, the prognosis, and possible restrictions and accommodations.  Employers are not permitted to know the specifics of an employee’s condition such as the diagnosis.

What happens to an employee’s job while on medical leave?

Employees should update their employers as frequently as possible on their medical condition. An employer can replace an employee’s position while they are on medical leave on a temporary basis. The position has to be held for an employee returning from a medical leave. If the position no longer exists, an employer has to find a comparable position.

I’m currently on medical leave at an insurance company. My employer checks in with me frequently. Is this good enough or should I be speaking to the director?

Employees should contact their employers every few weeks while on medical leave and establish how the communication should continue and progress.

Can an employer force an employee to be vaccinated by a certain date, or is it up to the employee if they decide to wait?

Currently, employers cannot force employees to be vaccinated or require an employee to be vaccinated upon threat of termination with some exceptions. Employers could offer employees the choice of either vaccination or request the employee remain on leave until it is safe to have unvaccinated employees at the workplace.

How can an employer reasonably force an employee back to an unsafe work condition during the pandemic?

This is a frequent concern for many employees as COVID-19 continues. Employees who feel their workplace is unsafe after communicating with their employer should file a complaint to the Ministry of Labour in order for an inspection to take place.

My wife was on leave after a kidney transplant. Her doctor says she’s still not ready to return to work after some complications but her insurer has cut her off. What should she do?

Individuals who have had their disability benefits cut off should contact a disability lawyer as soon as possible. Only a claimant’s doctor can and should give an individual approval on when they are ready to return to work.