Employment Law Show: Ontario – S11 E97

Episode Summary

What should employees know about taking a mental health leave? Employment Lawyer Chris Justice, an Associate 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 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

• Rogers voluntary severance packages: A voluntary severance package can be offered by employers but it is not standard and not common. Voluntary severance packages typically fall well below an adequate severance package. It is important for employees to seek legal advice before agreeing or signing an initial severance offer.
• Taking a stress leave: All employees are entitled to take a stress or medical leave of absence if unable to work due to health reasons. Employees should ensure that their treating doctors confirm they are unable to work and provide a note to their employers. The doctor’s note should include a possible prognosis, but a diagnosis is not necessary.
• Job protection while on leave: Employees cannot be penalized while taking a leave of absence or terminated due to an illness. Employers could face additional legal consequences, such as human rights violations if found to terminate an employee due to a medical condition. Employees would also be owed their full severance entitlements.

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