Employment Law Show: Ontario – S11 E86

Episode Summary

Can an employer refuse to accept an employee’s medical accommodations? 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.

Listen to the Episode

Show Notes

• Doctor’s note and accommodation: In order to facilitate accommodations in the workplace, employees must provide their employer with a doctor’s note. Employers cannot refuse to offer accommodations then or request employees seek a second opinion. A failure to accommodate can be considered a human rights violation.
• Independent medical examinations: Employers cannot request employees attend an independent medical examination due to a doctor’s note. Employers must try and accommodate an employee’s medical restrictions up until the point of undue hardship. Employees cannot be penalized as a result of asking for accommodations.
• Inability to return to work while on LTD: Employees should ensure that their employers are given an updated prognosis while they are on disability leave. Employers are within their rights to state a frustration of contract if an employee is not likely to return to their position. Due to a “frustration of contract”, employees would only be owed their minimum severance entitlements.

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