If you’ve been terminated while on medical leave in Ontario or pressured to return to work before you’re ready, you’re not alone. Many employees face unfair treatment from their employers after taking time off due to illness or injury. Under the Ontario Human Rights Code, your medical leave is a protected right, which means your employer cannot legally discriminate against you, punish you, or fire you simply because you are on short-term disability (STD) or long-term disability (LTD) leave. Unfortunately, many employers ignore these obligations, leaving employees confused, stressed, and unsure of their rights.
This guide will explain what disability benefits are, your legal protections while on medical leave, when an employer might try to argue “frustration of contract,” and what steps you can take if you’ve been fired during disability leave.
Medical Leave is a Protected Ground: Here’s What that Means
You are entitled to certain protections under the law if you have taken medical
leave from work. In Ontario, medical leaves are considered “protected grounds” under the Ontario Human Rights Code. What this means essentially is that an employer cannot negatively retaliate against an employee who has taken appropriate medical leave. In other words,
This isn’t always the case. Employees may face unfair treatment or discrimination from their employer simply because they took medical leave. If you have applied for short or long-term disability benefits and your employer is threatening your job or forcing you to return to work, it’s important to know your rights.
What Are Disability Benefits?
Disability benefits are income replacement insurance that is intended to cover your monthly income if you are unable to work due to a medical illness or injury. The benefits are available by virtue of your employment. If a medical condition stops you from working, consider applying for disability leave.
What are Your Legal Protections During STD/LTD Leave
Your employer is not automatically allowed to terminate while on medical leave in Ontario. Whether you are on short- or long-term disability, you are protected by the Ontario Human Rights Code.
In fact, it is the opposite. The employer has an obligation to work with you (reasonably) through your medical leave. If you need some time off because you are medically unfit to work, your employer should accommodate you. If you are attempting a gradual return to work after being on STD or LTD, your employer should work with you on reasonable requests for accommodation.
The Ontario Human Rights Code (“OHSC”) is intended to stop an employer from discriminating against you based on your medical condition. The employer extends this obligation to you by virtue of the OHSC.
Note, this obligation does not extend indefinitely. Your employer does not have to wait years anticipating your return to work. Different legal principles apply depending on how long you’ve been off. It’s important to consult a disability lawyer about your particular situation.
When Termination Might be Allowed: What is Frustration of Contract?
If you’ve taken medical leave and there is no reasonable prospect of you returning to work, your employment may end due to frustration. Frustration (of contract) is a legal principle where the law recognizes the employer-employee relationship ends due to impossibility. In other words, if it is “impossible” for you to return to work (because of your medical condition), the principle of frustration may apply.
Applying the principle of frustration is determined on a case-by-case basis as your medical condition and the time you have been off work comes into play.
Terminated While on Medical Leave: Your Legal Options in Ontario
Although you should not be fired during medical leave, it can happen. Depending on the circumstances of how your termination has come about, you have rights. Employers simply cannot terminate you because your medical condition is inconvenient to their business. If they do, there are consequences for legal infringement and you can enforce your rights by having an experienced employment and disability lawyer in your corner.
What Are Human Rights Considerations?
The OHSC prohibits actions that discriminate against people based on a protected ground in a protected social area (like your employment). It is not only limited to disability.
See below for a list of your protected grounds per the OHSC:
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status (including single status)
- Gender identity, gender expression
- Receipt of public assistance (in housing only)
- Record of offences (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
What To Do If You Have Been Terminated While on Medical Leave
Life can become complicated rather quickly if you’re taking a disability leave. Don’t let your employer bully you around or terminate you while you’re trying to focus on your health and recovery. If you’ve been terminated while on short- or long-term disability leave or your employer is giving you a hard time in accepting your disability leave, the disability legal team at Whitten & Lublin can help you protect your rights. Contact us online or call us 416 640 2667. You can take control with Whitten & Lublin in your corner.
Author – Aman Chaggar
