We have an employee who we are looking to Terminate and want to give him the correct Severance Pay - He was first hired in 2003 - left June 2012 for personal Medical no-work related Medical Leave with an unknown if any return date. He supplied us with Doctors verification that he was healthy enough to work and he was Rehired Sept '2012. Do we own him severance from date first Hired -- or his New Hire Date

The general rule is that a medical leave counts towards seniority, unless the employee voluntarily resigns at the start of the leave. As I need more information about the way his medical leave was handled, I am happy to set up a free consultation over the phone. What you call the "new hire date" may very well be just a return-to-work date, in which case the termination package must be calculated based on the 2003 start date. Dealing with employees with a history of medical issues is a legal minefield but there are ways in which you can reduce the company's liability. I encourage you to contact me at 416-216-5906 or lumi@stlawyers.ca.