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We have an employee who took an indefinite stress leave of absence citing that he could not perform a task which is one of the major expectation of this particular job. The problem is his family doctor will give us a note on a monthly basis that this employee is unable to do the job for this specific month and that this person will be reassess next month. It is very difficult for the company as we can't hire a replacement unless he resigns. How long can we hold this job for this person when in fact this person has proven that he can't do this job?
Hello,
Thank you for your question.
My name is Chris Justice and I am a lawyer with Samfiru Tumarkin LLP.
To answer your question, in short, it depends. It depends on how long the employee has been employed, whether the company has an STD/LTD policy, whether the employee has been approved for CPP disability benefits, and whether there is a reasonable prospect of that employee returning in the near future, to name a few of the considerations.
There are also a number of steps the company can take in order to determine/clarify what issues are at play and what effect they have on the amount of time that must pass before any sort of termination occurs.
I suggest you give me a call directly at 416-216-5859. From there we can schedule a time for a consultation where I can gather more information and be in a better position to properly advise you as to your options.
Thank you for your question.
My name is Chris Justice and I am a lawyer with Samfiru Tumarkin LLP.
To answer your question, in short, it depends. It depends on how long the employee has been employed, whether the company has an STD/LTD policy, whether the employee has been approved for CPP disability benefits, and whether there is a reasonable prospect of that employee returning in the near future, to name a few of the considerations.
There are also a number of steps the company can take in order to determine/clarify what issues are at play and what effect they have on the amount of time that must pass before any sort of termination occurs.
I suggest you give me a call directly at 416-216-5859. From there we can schedule a time for a consultation where I can gather more information and be in a better position to properly advise you as to your options.