Employment Law Show: Ontario – S11 E85

Episode Summary

Does an end to disability benefits mean an employee must return to work? Employment Lawyer Jon Pinkus, a Partner 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. 

Listen to the Episode

Show Notes

• Extended parental leave due to childcare obligations: Employees are obligated to try and find all possible alternatives for childcare. Employers must accommodate an employee’s childcare needs and cannot penalize an employee for taking leave. A failure to accommodate can lead to human rights damages in addition to severance pay.
• Unable to return to work from LTD: Long-term disability policies will detail the rights and entitlements of a claimant pertaining to disability benefits. An end to disability benefits does not mean employees are medically able to return to work. Employees should submit their doctor’s reports to their employers in order to provide an updated prognosis. Disability or sick leave is considered job-protected leave. Employers must offer accommodations when necessary.
• Establishing a termination for cause: A termination for cause occurs due to necessity; an employee must have exhibited serious misconduct and there are no alternative measures of discipline available. In a justifiable termination for cause, employers do not have to offer severance pay upon termination. Often, employers mistakenly terminate employees for cause due to mistakes and errors.

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