Employment Law Show: Ontario – S11 E90

Episode Summary

What are an employee’s rights regarding medical leave? 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

• Employees’ vacation approval revoked: Employers have the right to determine when an employee can take a scheduled vacation. Employers that have approved of an employee’s vacation plans cannot rescind the approval after an employee has made arrangements. Employees cannot be penalized for taking a previously approved vacation, such as an unpaid leave.
• Employee rights to take medical leave: Employees are able to take a medical leave of absence for as long as necessary with the approval of their treating doctors. Employers are within their rights to request medical confirmation from a doctor in order to approve leave. Employees cannot be penalized or terminated while on medical leave.
• Medical information and diagnosis: Employers do not have the right to ask an employee about their specific medical conditions or diagnosis. Employees must provide their employers with a possible prognosis, and if necessary, eventual accommodations for the workplace. Ultimately, the specific medical condition does not matter as an employee is deemed unable to work.

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