Employment Law Show: Ontario – S10 E99

Episode Summary

Are employees often misclassified? How long can an employee be away due to medical reasons? Employment Lawyer Chris Justice, Associate at Samfiru Tumarkin LLP answers those questions and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Employee vs. an independent contractor relationship: It is essential for employees to remember that not all labels in the workplace are accurate and many employees are incorrectly classified as an independent contractors rather than an employee. Individuals should consider how much control they have over their day-to-day work, equipment, schedule, etc. Misclassified employees are potentially missing out on many employment rights including the right to severance pay upon termination.
• Time away for an employee on medical leave: An employee is permitted to be away from work on medical leave with the support of their doctor for as long as necessary. Medical leaves are considered job-protected leaves and an employee cannot be penalized or terminated as a result.
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• Employer’s right to ask about medical information: Employers often try and extract as much information from their employees as possible despite the fact that they are unable to ask questions that are not related to an employee’s prognosis or accommodations.
• Not approved for long-term disability while on medical leave: Many employees are able to access coverage for disability benefits through their workplace. insurance companies however can deny LTD benefits or prematurely cut off benefits. Despite the end of benefits, employees should not return to work without the approval of their treating doctors. It is important for claimants to seek out the advice of a disability lawyer if their claim has been denied or their benefits have been cut off.

Need an employment lawyer?

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