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- Under the Canada Labour Code, employees are entitled to take a medical leave of no more than 17 weeks. During that time, benefits may not be discontinued, unless there are employee contributions and the employee advises the employer that he or she does not wish to keep these up.
Past that 17 weeks, and I take it that this employee is well past that limit, there is no obligation on the part of the employer.
Strictly speaking employees on such a leave are responsible to pay their share of any benefit costs. However, if they do not or have not made any such arrangements, and especially if they do not return to work, there is very little the employer can do in practice. One possibility is to terminate the employee’s benefit coverage effective as of the start of the leave. The insurance carrier may or may not permit that. At the very least the coverage can be terminated going forwar