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LTD – no change of definition but employee cannot perform their old job
Ask the ExpertLTD – no change of definition but employee cannot perform their old job
Conner Lantz asked 1 year ago
Hi, I have two cases that I have questions about and both of them are on LTD and their 24-month period comes to an end in Jan and Feb of next year.  In the first case, employee has been deemed permanently disabled and will not be able to return to their role. In his case, we would like to sever ties so what would our next steps be? Are we able to claim frustration of contract and sever ties or should we be providing some sort of notice? If we do offer reasonable notice asking them to return within a reasonable time and employee is not able to return do we also need to offer some sort of severance or will the notice period suffice to end the relationship?  In the second case, the employee is not deemed permanently disabled but will not be able to permanently carry out their current role. As there is no change of definition LTD insurance provider will not be bridging them to retirement and I would like to know what the employer's obligation is here. We've held their position for 2+ years and if they are not able to return, can we claim frustration of contract and part ways? Their restrictions are very limited, one of them being not able to work in any sort of stressful environment. Do we have the right to say we cannot accomodate the restrictions and if we do, do we owe severance?  Your help is greatly appreciated.