Employment Law Show 640 Toronto – S9 E70

Episode Summary

Medical leave, returning from a layoff, frustration of contract, and more on Season 9 Episode 70 of the Employment Law Show on Global News Radio 640 Toronto.

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

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Episode Notes

My boss is demanding I get a vaccination before I return to work. Is this legal?

Currently, employers cannot require a vaccine from their employees. Demanding employees should be vaccinated could potentially be a human rights violation. This could change if the government implements mandatory vaccinations.

I was let go and offered a settlement and asked to sign a release. Is it a problem if I sign it or is this standard?

Employees are often unaware of their severance entitlements. Severance is calculated on a number of factors, such as the age of the employee, the length of employment as well as the position. Employees should not sign or agree to a settlement without first seeking legal counsel.

Learn More
Severance Pay in Ontario
Severance Pay BC
Severance Pay in Alberta

The casino I work at is slowly opening but with capacity limits. At one point am I considered no longer employed if I’m not re-called?

Once businesses are permitted to open, employees who are not called back by their employer can consider themselves to be terminated and can pursue their severance entitlements.

My father has been on LTD for 12 years and is about to be cut off. He’s almost 65. What should he do?

Employees can be terminated due to a frustration of contract but must be owed severance entitlements. Severance will be based on the time an employee was working as well as the years spent on disability benefits.

How is holiday pay calculated for non-unionized employees?

Employees add up vacation and pay for the month before the week with a holiday and divide it by twenty. Employees who feel they have not been properly compensated should communicate their concerns with their employer and if necessary, file a complaint with the Ministry of Labour.

If an employee has to be away from work for medical reasons, what steps should they take?

Employees who have a medical condition need to provide their employer with a doctor’s note affirming they need to take time off.

How long can a medical leave last?

As long as an employee has the support of their doctor, an employee can be on leave for as long as necessary in order to recover. Employers are not obligated to compensate an employee while on medical leave, however, their job is protected.

I drive a bus and was in a bad accident years ago. I suffered from PTSD for a while and recently had a relapse. Can I seek coverage from WSIB?

Employees suffering from a relapse will have to determine whether or not the relapse is related to the initial incident. Employees should contact their treating doctor regarding the necessary treatment and condition. If a connection is found between an original incident and recurring mental trauma, WSIB will have to provide coverage.

Does it matter if an employer has disability coverage if an employee wants to take medical leave?

Employees who have disability coverage through their employer will be compensated while on leave. Whether or not an employer has a disability plan should not affect an employee’s ability to take medical leave.

Learn More
Long-term Disability Claims for COVID-19 Long-haulers

What is an employer allowed to ask their employee regarding medical leave?

Employers are permitted to ask about an employee’s prognosis but not the diagnosis itself or the specific treatments. Employers are also permitted to ask about necessary accommodations.