Add Comment Question: Doesa employer only have 26 weeks to hold your job if your off on medical leave Answer: No, there is no such rule. An employer has to reinstate you to your position upon return from medical leave or else there could be a human right issue. However, if you are off on medical leave for a significant amount of time (I.e over 2 years) and medical documentation suggests you can’t work in any position, the employer may raise a frustration of contract argument such if successful, you would only be entitled to your minimum statutory entitlements with respect to severance. If your employer terminated you, you should contact our office to schedule a consult with one of our lawyers right away. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.