Employment Law Show: Ontario – S11 E76

Episode Summary

How can employers adequately accommodate an employee’s medical needs? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question 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 hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• After layoffs employee workload increases: In the event of mass layoffs and high employee turnover, other staff often feel the burden. Employers do not have the ability to impose an increased workload on their employees. Employees are within their rights to refuse to participate in tasks that are not a part of their job position. Employees can refuse a significant change to their employment and pursue constructive dismissal.
• An employee gives a doctor’s note for stress leave: Employees are obligated to provide a doctor’s note to their employer if they need to take a stress leave. Employers are within their rights to hire a replacement for an employee while they are on leave. Employers can request additional information in order to adequately accommodate an employee’s needs upon a return from leave.
• No longer able to fulfill job duties: Employers have an obligation to try and provide accommodations for an employee struggling with a medical condition or disability. If there are no comparable positions available, and it is impossible for an employee to continue working, employers can request employees take a leave of absence. Continued inability to work can lead to “frustration of contract” and termination.

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