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  • ahuizingh@mountpleasantgroup.com
    Participant
    August 21, 2024 at 7:30 am
    Post count: 7
    #93370
    Forum: Private

    Hello,

    We have an employee who applied for a job and went on short term disability leave a few days later. Are we able to contact him for an interview or does his being on leave remove him from the recruitment process? Based on conversation the employee had at the time of their claim application, we believe this may be a mental health related leave. The employee’s return date is unknown however the next check update is in a few days.

    Thanks,
    Anne

    Haley O’Halloran
    Keymaster
    August 21, 2024 at 9:35 am
    Post count: 198
    #93383

    Hi there!

    I think we will need a bit more information to answer this question. Is this person already employed by your organization or are they a new candidate? Which jurisdiction are you located in?

    Additionally, the specifics of your employee’s mental health leave should be agreed upon by both the employee and the employer. If you require a time frame and a doctor’s note, that can be within your rights and will leave you without confusion in the future. Was this more of a one-sided conversation before the employee went on their leave?

    -HR Insider Staff

    ahuizingh@mountpleasantgroup.com
    Participant
    August 21, 2024 at 10:46 am
    Post count: 7
    #93384

    Hello, thanks for the quick reply.

    The employee is an existing employe and we operate in Toronto, Ontario (GTA).

    I mentioned the fact that this may be a mental health leave only because the time frame for a return is usually more difficult to pinpoint with those (in my experience). The leave was adjudicated with our insurance provider, and we have no specifics about the leave other than the leave is approved until sometime next week, at which point it may be extended or a return-to-work plan may be implemented.

    I am trying to understand if we should be reaching out to this employee to ask if they would still like to participate in the interview process while he is still on leave. If he were the successful candidate, we would hold that job until his successful return.

    Thanks for any guidance you are able to provide!

    Haley O’Halloran
    Keymaster
    August 21, 2024 at 11:02 am
    Post count: 198
    #93385

    Thank you for providing more information! In this case, you are fully within your rights to contact the employee with a short message inquiring when their leave will end. Let them know that you are only asking because of the interview process and do not intend to make the employee feel rushed or pressured to return before they are ready. Go ahead with the interview process as normal but set aside a spot for him so he has a fair chance at the position, especially if he takes his time when responding to your message. According to the OHRC, “Employers are entitled to contact employees on leave if it is reasonably required. For example, contact may be needed to assess the length of absence or to find out if there is a potential return to work date.” Be as kind as you were in asking these questions and I’m sure everything will go smoothly.

    -HR Insider Staff

    ahuizingh@mountpleasantgroup.com
    Participant
    August 21, 2024 at 11:18 am
    Post count: 7
    #93387

    Many thanks for your assistance with this! I feel far mor confendent in reaching out to him at this point.

    Best,
    Anne

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