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Hi there,

I am employed by an agency that is quite strict on the rules on sick leave, even during COVID-19; which seems to be the only viable excuse not to be at work. Even then so, a doctor's note is required for everyday you are not at work. For example, at the beginning of my employment I had to self isolate for 3 days and I had to provide 3 doctors notes (this was in my contract)

I have been in the position for one month now, with the probationary period ending in January. Since being hired, I have been put on medicine to deal with a new medical diagnosis that makes me very ill at sporadic times, sometimes for days. I do not want to be fired for "calling in sick too much" and getting fired before my probationary period ends. My direct question is, despite the idea that you can be fired for "any" reason during probation, can you be fired if it's accompanied by a Doctor's medical note? This particular diagnosis impacts my mental and physical wellbeing. Can I be fired because this new diagnosis may cause me to call in sick a few times a month if a doctor requests an accommodation? Such as working from home on weekends/when I feel better to make up for lost time, or simply taking it unpaid.

Context
- my employer has sent me a text message stating in writing that I cannot be penalized for any sickness for a legitimate reason accompanied by a doctors note
-

Hello,

You are right that even as a probationary employee, you cannot be terminated for "any reason". Even probationary employees are protected by Human Rights legislation. If you are terminated because of a disability, even if it is only part of the reason for your termination, you may be entitled to severance, lost wages, human rights damages, and to be reinstated into your position. Please contact us asap if you are terminated due to your medical absences.

Regards,

Lluc Cerda
Lawyer
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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