If an employee has been off work more than a year on LTD, can we place them in another role at the appropriate rate of pay for the new role they will be moved to or can we terminate. Is there a payout with termination ?

If an employee is still on long-term-disability, you should not change their job or terminate their employment at this time. You can, however, ask for a medical note regarding their medical restrictions, what modified duties they can perform, and how long they are expected to be on medical leave. With that said, long-term-disability issues are very complicated and you contact our firm to discuss this matter in more detail as this individual's personal circumstances may impact the situation. Further, if you terminate their employment or treat them differently due to their medical disability, your company could be liable for both wrongful dismissal damages (i.e. severance pay) and human rights code damages.