HR Home › Forums › Answer for Get It In Writing: Ontario Court Upholds Termination For Cause Based On Written Employment Agreement And Clear Employee Expectations
Under the Canada Labour Code, employers are required to provide a medical leave of absence for up to 17 weeks for an employee who has been employed for at least three consecutive months. During this time, the employer must maintain the employee’s position and benefits, unless it is not reasonably possible to do so.
In Ontario, the Employment Standards Act also provides for a medical leave of absence for up to 28 weeks for an employee who has been employed for at least two consecutive weeks, and employers are required to maintain the employee’s position and benefits during this time.
Therefore, it is likely that your company would be required to hold the employee’s position for the duration of their medical leave, unless it is not reasonably possible to do so. Filling the position after only three days of medical leave would not be considered reasonable under these circumstances.
If the company does fill the position before the employee returns, they may be required to offer the employee a comparable position upon their return, or provide reasonable notice or severance pay if they cannot offer a comparable position. Offering the employee a different position that they are qualified for, even if it is temporary or at a lesser rate, may also be an option, but it would be best to consult with legal counsel to ensure that this meets the requirements of the relevant employment standards legislation.
Regarding the offer letter not stating any terms regarding leaves of absences, this would not necessarily be determinative of the employer’s obligations in this situation. Employers have statutory obligations under the employment standards legislation, regardless of whether or not they are included in the employment contract or offer letter.