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I am 54 years and have been employed with my employer for 5 years and have a good sick record. Due to Covid I had a previous vacation cancelled in 2020 with only a credit provided which had to be used by the end of 2023. Knowing that this credit need to be used this year I requested that I could could take a leave of absence of 3 weeks unpaid in conjunction with my scheduled vacation period. The employer has granted several leave(s) of absence to other employees for several months at time over several years, so I believed that I would have my request granted and was forthright with my reason for the request in its entirety realising it did exactly fit within the Leave of Absence Guidelines (ie Family emergency, Medical, etc..). My employer refused the request.
As a result I was left with the only alternative of calling in sick for the extended period in order not to loose thousands of dollars. I subsequently went on the vacation and upon my return two letters were hand delivered to my address indicating that I could not return to work without a letter from a doctor for my absence. Now that I am home and want to return to work what are my options and I am not going to get a lie and get a doctors letter. I do not have any sick benefits and presently now not able to make an income.

Your employer is entitled to request a medical note confirming that you are able to return to work without any accommodation or restrictions after taking an extended leave of absence due to medical reasons. You should be able to provide this from your doctor. Alternatively, if you'd like to discuss your situation in more detail, you can schedule a consultation with one of our lawyers to go over your options.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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