Medical Leave: Quick Q&A | Employment Law Show TV – S9 E08

Episode Summary

MEDICAL LEAVE Q&A, hours and pay reduced, a change to a remote work arrangement and more on Season 9 Episode 08 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 about employment law in Alberta, Ontario, and British Columbia on the only employment law show on TV and radio in Canada.

Episode Notes

Advice about severance pay

I worked for the same company for 4.5 years and was recently let go due to restructuring. I was offered 6 weeks of severance. The Ministry of Labour informed me that this was a fair offer. Now I’ve been made aware that this might have been inadequate. What can I do?

• Government complaints regarding severance: While the Ministry of Labour, or any government body, can inform employees of their minimum severance entitlements, they often do not mention the entirety of what could be owed. Alternatively, speaking to an employment lawyer first can protect an employee’s best interests.
  
  • Learn more about severance pay
    • Severance in Alberta
    • Severance packages in Ontario
    • Severance entitlements in B.C

Cut wages and hours

I’ve worked as a supervisor at my company for over 20 years. My boss recently informed me that he has to cut my wages and reduce my hours to part-time. Can he do this?

• Constructive dismissals: Employers do not have the right to reduce an employee’s wages significantly without consent, despite facing financial difficulties. A major change that has been imposed can lead to constructive dismissal. Under these circumstances, an employee could pursue their severance entitlements.

Let go by boss before announcing retirement

I just turned 66 and with some recent life events, informed my employer of a possible retirement. I was then let go months earlier than I intended to leave.

• Retirement and resignations: Employees who have given notice of resignation or retirement, if they are let go before the notified date, have been terminated and are owed severance pay. Severance might be less due to the notified resignation. Employers cannot let an employee go without offering severance; it would be considered a wrongful dismissal.

A remote worker asked to come into the office

My current employer hired me during COVID-19. The initial job posting and description stated this was a permanently remote position. Now that things have changed, they ask us to come into the office. Can they do this?

• Remote and hybrid work models: Employees who refuse to return to the office could be let go by their employers. Employers can terminate employees for any reason as long as severance is paid. However, severance pay would still have to be offered. Employees are still owed severance if they are let go due to refusing a change imposed to the terms of their employment.

Temporary Layoffs: True or False

• Right to take a medical leave: Employees do have a right to take a medical leave of absence from their position for as long as necessary to recover if they have the support of a doctor.
  
• Necessary documentation for an employer: Employees must provide documentation from their treating doctor to their employer stating they are unable to work. A doctor’s note does not need to provide details regarding a diagnosis, simply a prognosis. Employers are not entitled to know or request private medical information.
• Change to job after leave: Employees must return to the same position they had before taking leave. Major changes made to an employee’s job can lead to constructive dismissal.
• Disability benefits cut-off: Disability insurers often preemptively cut off disability benefits, despite a continued inability to work. Employees should listen to the advice of their own treating medical providers regarding a return to work. Rather than being pressured into an early return to work, individuals should seek legal advice from a disability lawyer.
• Fired due to taking leave: Employees cannot be terminated due to taking medical leave or as a result of illness. A termination under these circumstances would be considered a human rights violation.

Second thoughts after signing the severance offer

My company restructured and eliminated my sales position. After reviewing the package, I decided to sign but now I’m having second thoughts. I wrote them back requesting that they up my severance based on my age (59) and the current economic climate. They refused to do so. Can I fight this or is it too late?

• Accepting severance pay: Employees should speak to an employment lawyer before signing a severance package. After an offer has been signed, employees cannot negotiate further on a severance package. Employers often offer inadequate severance packages and employees can miss out on vital entitlements.

Classified independent contractor

I have worked for a company for 4 years in an IT position and was just let go. They gave me only 2 weeks’ notice because they consider me to be an independent contractor. Am I entitled to any severance?

• Rights of misclassified worker: Employees are often misclassified as independent contractors despite working exclusively for a sole employer, and being unable to set the terms of their contract. Misclassified employees are exempt from important rights, such as severance pay upon termination, sick days, etc.
  

Employment Rights

• Fired for taking parental leave: Employees cannot be let go due to parental leave. Employers must permit employees to take leave and return to the same position they had before taking leave.
• Refuse unsafe work: Employees can and should refuse unsafe work without fearing discipline. Employees cannot be penalized for refusing work in unsafe conditions.
• Fired without a reason: Employers are permitted to terminate employees without providing a reason. Terminations without cause can occur at any time as long as severance is paid.
  
• Let go during probation: Probation periods are not automatic at the start of new employment. Employees who are let go within the first few months of a new job, and have not agreed to probation in an employment contract, would still be owed severance pay.
• Owed overtime pay: Employees can pursue legal action if they are owed overtime pay. Employees can file a complaint with the Ministry of Labour due to unpaid wages.
  

PREVIOUS EPISODE: Employment Law Show S9 E07 – Temporary Layoffs: True or False