When you’re on short-term disability (STD), the last thing you expect is for your employer to claim you “quit”, abandoned your job, or failed to provide medical updates, especially when your STD claim is still active and your insurer already has the medical documentation. This situation is more common than people realize.
Employees often ask:
- Does my employer need medical updates, or does the insurance company handle that?
- Can an employer claim job abandonment while I’m on STD?
- Who is responsible for providing medical documentation – me, my doctor, or the insurer?
This article explains how medical updates work during STD, what information your employer is legally entitled to, and why an employer usually cannot call it job abandonment simply because they don’t have additional doctor’s notes while your claim is active.
What Are STD Benefits?
Short-term disability (STD) benefits are an income replacement benefit intended to supplement your income if you are unable to work due to illness or injury.
To apply for STD benefits, you’ll need to complete an application package consisting of:
- an Employee Statement
- an Attending Physician Statement (APS) completed by your doctor
- a Plan Sponsor Statement, completed by your employer.
These documents allow the insurer, not your employer, to assess your medical condition and decide if you qualify for STD.
Employer vs. Insurer – What Medical Documents Are Required?
What your employer is entitled to:
Employers are generally entitled to basic medical information, such as:
- confirmation that you are unable to work
- a rough estimate of how long you will be away from work
- restrictions or limitations for medical accommodation
This information is often provided in the form of a doctor’s note or medical certificate, without a detailed diagnosis. They are not entitled to your diagnosis, symptoms, test results or treatment details.
What the Insurer requires:
For STD coverage through your insurance company, the insurer usually requires:
- more detailed medical documentation including the Attending Physician’s Statement
- possibly supporting clinical notes and records
- ongoing updates from your healthcare provider
Can an Employer Claim Job Abandonment While You’re on STD?
No. In most cases, the employer cannot claim job abandonment.
Your employer cannot automatically terminate you simply because you’ve taken a short-term medical leave of absence. They cannot legally assume you quit simply because:
- they didn’t receive an extra doctor’s note
- you are waiting for the insurer’s decision, or
- the insurer requested more information from your doctor
Once you submit an STD claim, your employer knows you are away for medical reasons. Your employer may routinely reach out to you requesting an update or anticipated return to work.
Your insurer will also provide routine updates to your employer as your claim for benefits is approved.
What Legal Protections Do You Have While on STD?
Under Ontario and Canadian legislation, such as the Ontario Human Rights Act, your employer has a duty to:
- accommodate your disability
- ensure your position remains available upon your return
- refrain from taking retaliatory or reprisal actions against you for taking a medical leave
- not discriminate based on your disability
Claiming you quit while you are on an approved or active STD could be seen as:
- reprisal
- discrimination
- a wrongful dismissal
- a violation of the duty to accommodate
What constitutes job abandonment?
Job abandonment occurs when you fail to comply with your employer’s attendance and reporting obligations. Simply put, if you stop showing up to work because you don’t want to work anymore, the employer will state you’ve abandoned your job.
What does not constitute job abandonment?
If you’ve taken medical leave and intend on returning to work once you’re better, you have not abandoned your job.
Your employer cannot legally assume you quit simply because:
- you are on medical leave
- have not communicated with them, but rather left the communication of your status up to the insurer
- you are waiting for the insurer’s decision,
Why contact a disability lawyer?
If your employer is accusing you of job abandonment, stating you’ve quit your job because you’ve taken a short-term disability leave, it’s time to speak to a lawyer. You are protected by legislation such as the Ontario Human Rights Act. Employers cannot use medical leave as an excuse to fire you.
The disability team at Whitten & Lublin step in to shut down the pressure, clarify your rights and protect your job and income. We offer free consultations for short-term and long-term disability denials. Don’t let your employer push you around. You deserve to be treated fairly. Contact us online or call 416 640 2667.
Frequently Asked Questions
Can my employer say I quit while I’m on short-term disability (STD)?
No. An employer cannot claim you quit or abandoned your job if you are on an active STD claim. Your medical leave is protected, and your employer must treat your absence as disability-related, not as a resignation or abandonment.
Is job abandonment possible while an STD claim is active?
Job abandonment requires clear evidence that the employee intended not to return.
Filing or maintaining an STD claim is the opposite. It shows you intend to return when medically able.
So, an employer usually cannot legally call this job abandonment.
Who is responsible for providing medical updates during STD leave?
The insurer, not the employer, handles medical documentation and updates.
Your doctor provides the medical information to the insurer, and the insurer updates your employer on your leave status.
Does the employer receive my medical information from the insurer?
Employers receive only non-diagnostic updates, such as:
- whether your claim is approved
- the expected duration of your leave
- whether you remain medically unable to work
They do not receive diagnoses, symptoms, or test results.
Do I have to keep giving my employer new doctor’s notes?
In most cases, no.
Once the insurer has your medical documentation, they manage continuing updates.
You only provide new forms if the insurer requests them, not your employer.
What if my employer says they didn’t get my latest medical note?
If the insurer has the information and your claim is active, it is not your job to continually send updates directly to your employer.
A lack of new notes does not equal quitting or job abandonment.
Can my employer fire me for being on STD?
No.
Firing you while you are on legitimate medical leave can violate:
- human rights legislation
- the duty to accommodate
- employment standards
- common law protections
This can amount to wrongful dismissal or discrimination based on disability.
What should I do if my employer says I quit or abandoned my job?
Get legal help immediately.
This situation is a serious red flag of improper conduct and potentially unlawful dismissal.
What evidence matters most in these situations?
- Proof you applied for or are receiving STD
- Communications with the insurer
- Any doctor’s notes already submitted
- Employer emails claiming you quit
These documents show you did not intend to abandon your job.
When should I speak to a disability lawyer?
Immediately if:
- your employer accuses you of quitting
- your employer refuses your return
- they demand medical information beyond what they’re entitled to
- they ignore your active STD claim
A lawyer can intervene quickly and protect your employment.
