Leave of absence

[Trisha Drew]

#97092

Forum: Private

What are the best steps to take upon receiving an email from an employee stating they are taking a leave of absence. The employee has been struggling performance wise but also stating non-work related mental health issues. The medical note stated they “were seen due to severe medical concerns and will begin a short-term leave from work with reassessment booked in one month from now.” I believe as she has stated taking a leave (we are in Ontario), that she should be placed on leave, and a record of employment issued so she can apply to Employment insurance benefits. We do not have short term disability. We would like any advice on future liability risks associated with this and doing our due diligence to support the employee but also be ahead of any liability.

[Glenn Demby]

#97097

It all depends on the form of unpaid leave the employee is purporting to take. What you need to do–or I can do it for you if you give me the particulars–is check the ESA requirements governing that particular form of leave and determine:

* Does the employee qualify for that leave–has she been with the company long enough?
* Is the notice that she’s provided timely for that particular leave?
* Does the notice list the information that an employee must provide to take that form of leave?
* Is this the kind of leave for which you can require an employee to furnish verification?
* If so:
> Have you actually requested verification?
> Did the employee furnish the verification?
> Was the verification she provided adequate?
* Has the employee complied with company HR rules for taking leave?

If you’d like, give me your phone number and I’ll ring you up. Glenn Demby, HRI Ed in Chief

Does she have enough service to be eligible for that particular leave? Is the notice timely–has she given you the notification required for an employee to take that particular form of leave?

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