Long-term Disability and Return to Work

[vickyp]

#79717

Forum: Community

Hello,
We have an employee that worked in our Toronto office that has been off on an LTD claim for over 2 years who held a full-time salaried role as a Research Assistant.
Recently, they accepted a settlement offer from the benefits provider, and we need to decided what their next steps will be.

What is the best approach to broach the subject of return to work or ending their employment with the company?
Are there any restrictions that would prevent the company from terminating the employment relationship based on regulations in Ontario?

Thank you for your time on this.

[vickyp]

#79718

While 2 years on LTD is often used as a rule of thumb to gauge when employers might terminate someone on LTD, there is nothing in any of the employment standards that sets such a benchmark.
A couple of points:
What sort of settlement offer did the LTD carrier provide?
An employer might terminate an employee without consequences under the ON employment standards where the contract of employment has “become impossible to perform”.
Whether an employee on long-term disability has become incapable of performing the duties called for under the contract of employment is always going to be a judgement call.
Certainly, the employer is entitled to enquire if the person is able to return to work. If the employee wants to return to work, the person should presumably be asked to provide a doctor’s note to that effect.
It might also matter why the person went on LTD. Was this as a result of something experienced at work, i.e. harassment or discrimination.
Is there an alternative position the employee might be able to perform, if not the person’s last job?
It might be wise for the employer to consult a lawyer with experience in these matters.
Alan McEwan

[Author]

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