Ontario Protections for Employees on Medical Leave

Medical Leave for Employees in Ontario Employment Law and Protections Available against Wrongful Dismissal

Many of the employees I help as an Ontario employment lawyer involve employees truly dedicated and committed to their jobs, who suddenly experience medical issues requiring them to take time away from work. Sometimes they arise from overwhelming workloads or working hours, or at other times from workplace harassment, reprisal and discrimination. Of course, health issues take priority. When illness strikes, taking a medical leave might be necessary.

But navigating the legalities of medical leave and protecting yourself from wrongful dismissal upon return can be intimidating and unnerving. This blog post empowers Ontario employees with knowledge about their medical leave rights and protections against wrongful dismissal due to medical illness.

Understanding Medical Leave in Ontario

The Employment Standards Act (ESA) in Ontario provides minimum standards for various employment practices, including medical leave. Here’s what you need to know:

Eligibility: Employees who have been employed for at least two consecutive weeks by their employer are eligible for medical leave protection under the Employment Standards Act.

An employee can take sick leave for illnesses, injuries and medical emergencies for themselves, regardless of whether the illness, injury or medical emergency was caused by the employee or by external factors beyond their control. For example, an employee who sprained their ankle while showing off to friends when waterskiing would still be entitled to sick leave, even though the injury may have been a result of their own carelessness.
Duration of Leave: Most employees have the right to take up to three days of unpaid job-protected leave each calendar year due to a personal illness, injury or medical emergency. This is known as sick leave. Special rules apply to some occupations.

Employees are entitled to up to three sick leave days per year once they have worked for an employer for at least two consecutive weeks. An employee who missed part of a day to take the leave would be entitled to any wages they actually earned while working.

Your Responsibilities During Medical Leave:

Keep Your Employer Informed: Provide your employer with timely notice of your medical leave. However, under new employment rules in Ontario, employers may be prohibited from requiring employees to provide doctor’s notes. Specifically, instead of doctor’s note, employers will have the option to use other resources for an employee to support job-protected sick leave, such as attestations, that will help maintain accountability as employees request time off sick.
Follow Company Procedures: Some companies might have specific policies or procedures regarding medical leave. It is important to familiarize yourself with these policies and adhere to them as much as possible.

Important Considerations: Job Protection

While the leave options offer flexibility, it is important to remember that the Employment Standards Act and Human Rights Code prohibits employers from terminating your employment because of the fact that you have medical issues, require disability accommodation or take a medical leave. In other words, the employer cannot decide to terminate your employment (or take any penal action, such as demoting your position or putting you on a temporary layoff) if any part of the decision was influenced by an employee’s medical leave. However, an employer may still be permitted to terminate an employee regardless of a medical leave if it is not at all related to the medical leave, but a legitimate business decision (e.g., business restructuring or downsizing).

Proactive Strategies for a Smooth Medical Leave:

Open Communication: Maintain open communication with your employer throughout your leave. Regular updates and adherence to company procedures can build trust and facilitate a smoother return.
Documentation: Keep copies of doctor’s notes and any communication with your employer regarding your leave.
Know Your Rights: Educate yourself about your medical leave entitlements and protections against wrongful dismissal.

Taking Action in Case of Wrongful Dismissal

If you believe you’ve been wrongfully dismissed due to illness, here are some steps you can take:

Gather Evidence: Employees should gather documentation like your employment contract, medical records (with your consent), emails regarding your leave, and any communications related to your termination.
Seek Legal Advice: Consulting an employment lawyer can help you understand your rights, assess the strength of your case, and guide you through the legal process of filing a wrongful dismissal claim.
Time Limits: Ontario law imposes strict time limits for filing a wrongful dismissal claim to preserve your rights.

Conclusion

Ontario’s employment law has protections to empower employees who experience health issues to prioritize their well-being as they adjust to returning to work or continue in their roles with necessary assistant and support from the employer.

Book a Consultation with an Employment Lawyer in Toronto

To schedule a consultation to discuss your employment law matter with Sezar Bune, please call 647-822-5492. Consultations may be conducted in-person at the Toronto office or by telephone. Sezar will review your correspondence and reply to you if he believes that you have a case he can assist with, following which you can schedule a formal consultation to discuss your case and options available to help you. If you are inquiring about fees, please call the office directly to discuss, as fees are variable and depend on the complexity of the case. Bune Law’s boutique size allows us to focus on what matters most: the best results for clients. Bune Law offers competitive hourly rates and has the flexibility to offer clients predictable fee arrangements.

If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492