Medical Leave: What You Need to Know | Employment Law Show TV – S4 E2

Episode Summary

EVERYTHING YOU NEED TO KNOW ABOUT MEDICAL LEAVES, severance for salespeople, fired after one complaint, and more on Season 4 Episode 2 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

Changes to an employee’s commission structure

Can my employer change my commission structure?

If your employer changes your commission structure, your employer has changed your terms of employment. Any time your terms of employment have changed, it’s a constructive dismissal. Learn more about constructive dismissals.

Segment starts at 1:46

Severance pay for salespeople

I’m a salesperson, and my pay fluctuates, how would you calculate my severance?

When calculating severance for salespeople, we use an annual average salary to determine their rate of pay. See severance for salespeople to learn more about calculating severance.

Segment starts at 4:22

CALL: Severance pay for older employees

My job as office manager is being outsourced after 23 years, and I will soon be out of work. I am 66 years old. What should I do? Am I owed severance pay?

There’s not much you can do about their decision to let you go. If they do let you go, what you can do is make sure you get everything you’re owed. They will have to pay you your full severance, which in your situation could be two years’ pay.

Segment starts at 5:36

Severance pay for long-service employees

I’m 61 years old and I have worked for a computer manufacturing firm for the past 28 years, most recently in a supervisor role. I was let go on Friday after the company was bought by a larger American firm. HR told me that the maximum amount of severance pay I am owed is 26 weeks’ pay and that I have three days to accept the offer. Am I owed more?

If we take your information and plug it into the Severance Pay Calculator, we get a severance entitlement of 24 months’ pay. You don’t have to sign by their three-day deadline. It’s a pressure tactic. Go to Pocket Employment Lawyer.ca and get the advice you need. Don’t sign before you get advice.

Segment starts at 9:52

Medical Leaves: What You Need To Know

1️⃣ How long can somebody be away from work for medical reasons?

There’s no time limit for a medical leave. As long as you have a doctor corroborating your need for the medical leave, you are allowed to be off work as long as you need to be. You cannot lose your job, or be considered to be let go or resigned. If a doctor says you cannot work, you can be off as long as you need.

Segment starts at 14:37

2️⃣ Does an employer have the right to ask an employee for their medical information and a diagnosis?

An employer is allowed to find out when an individual is going to be coming back to work, or they can ask if you have any limitations to your ability to work. They cannot ask anything about a diagnosis – what the condition is, what treatment you are getting, or what medication you’re on. That information is private.

Segment starts at 15:18

3️⃣ What happens to an employee’s job while on a medical leave? Do they have to regularly update their employer on their condition?

You remain employed while you are on a medical leave, even if it is a long medical leave. Your time off on your medical leave also counts towards your seniority. It’s important to keep your employer updated on your progress. Send them a note and let them know you’re getting better, or you could provide a timeline for your return to work.

Segment starts at 16:28

4️⃣ What should somebody do if they aren’t approved for disability coverage (LTD) or their claim is cut off?

If your claim is cut off, contact our firm to get the help you need. Our long-term disability lawyers have the experience and knowledge required to get you the compensation you’re owed.

Segment starts at 17:32

5️⃣ What should an employee do when they are ready to return to work from a medical leave?

The medical leave ends with a doctor’s note, clearing you to go back to work. Provide your employer the doctor’s note prior to returning to work. The note should also state whether you need any accommodations within the workplace for you to carry out your duties.

READ MORE
• Ontario employees and sick notes
• B.C. employees and doctor’s notes
• Do I have to give a sick note in Alberta?

Segment starts at 18:39

6️⃣ What happens if the employer won’t allow an employee to return to work?

An employer must make all reasonable efforts to take you back. In some situations that’s not possible. If it isn’t possible, your employer needs to pay you severance. But your employer can’t just dismiss you because they think you were gone too long – that is a human rights violation, not to mention a wrongful dismissal.

Segment starts at 19:27

CALL: Management fails to pay gas allowance and terminates for cause

I was fired after voicing concerns over the fact that my boss wasn’t paying my gas allowance. Does that qualify as a termination for cause?

This sounds like a very common misclassification of employment. Based on what you’ve told me, you are not a contractor, rather, the law would determine you to be an employee. That means you’re owed severance. The Severance Pay Calculator approximates that you’re owed 3 months’ pay.

Segment starts at 20:16

CALL: Temporary layoff after 7 years of service

My boss has placed me on a 13-week temporary layoff. Am I allowed to ask for a severance package? I have worked a total of 7 years at the company.

A temporary layoff is actually illegal in most cases. An employer doesn’t have the right to lay you off. You have a choice – you can accept the layoff and wait, or you can treat your employment as being terminated and get your severance now.

Segment starts at 22:05

Employee fired after customer complaint

I was fired after a customer complaint. It was the only one I had ever had after 4 years on the job. Were they legally allowed to fire me because of this one incident?

The question is, was the incident bad enough to justify letting you go for cause? Not even close – termination for cause is reserved for the worst offenders. You should not have been let go for cause. However, your employer is allowed to let you go, but they would have to pay you your full severance. Otherwise, it’s a wrongful dismissal.

Segment starts at 26:32

Next Episode: Employment Law Show S4 E3 – Termination of Employment (Pop Quiz)

Previous Episode: Employment Law Show S4 E1 – Top Myths of Termination