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Can my employer request to meet with me while I am on medical leave? I have sent the required medical documentation from my doctor. At this time I have no specific return date as I meet with my doctor once a month to determine and assess my current condition. I have been good about keeping my employer up to date on my leave but am feeling like my job is being threatened. Can I be terminated while on medical leave? I have been off for about 6 weeks.
While there are limits as to what, if any, work-related activities an employer can require during a medical leave, it can be the case that there may be a compelling reason why your employer would prefer to meet with you sooner rather than awaiting your full recovery. However, even in that circumstance, your employer should only request your attendance at such a meeting on the condition that you are sufficiently fit to attend. Ideally, in proposing the meeting, your employer ought to have requested clearance from your doctor confirming that, in your doctor’s view, you are sufficiently fit to attend a meeting even though you are not otherwise fit to return to work/perform your job duties. If they did not, depending on the nature of your condition, you should probably consult with your doctor as a prerequisite of attending such a meeting. It is not recommended that you ignore your employer, but if your doctor does not clear you to attend, you should advise your employer of this. If you are cleared to attend and/or otherwise feel okay to attend based on your own assessment of your health, then you should consider attendance; however, there is nothing wrong with inquiring as to the agenda and/or reason for the meeting beforehand (and before consulting with your doctor).
As to the second part of your question, regarding whether or not an employer can terminate your employment DURING a medical leave of absence, there are a couple of things you need to know: (1) If the termination is for reasons wholly and completely unrelated to the fact of your medical condition and/or your medical leave of absence (for example, the entire department you work in is closing and everyone in your department is being laid off or because they just determined that you stole from them), then a termination is permissible. Whether you have any termination/severance entitlements will depend on the reason(s) for the termination. (2) However, if the reason for the termination is because of your absence or is somehow related to your medical condition, then such a termination may amount to discrimination under human rights law and/or a violation of worker’s compensation legislation, etc., and depending on the precise circumstances, you may be entitled to additional compensation over and above any termination/severance entitlements you may have in the circumstances.
MOST IMPORTANTLY, as hopefully is clear by now, there are many variables in play which may affect your rights and entitlements and you may wish to seek a more pointed consultation with us, i.e., a consultation during which we can become fully aware of your circumstances and provide information and advice specific to those circumstances. What we have written above is VERY general in nature and may or may not apply depending on your precise circumstances. There is no substitute for obtaining information tailored to your exact needs. Although we hope it is not the case, should it turn out that your employer wants to meet in order to terminate your employment, you should seek consultation before signing anything and to determine what your rights may be in that circumstance.
Finally, I would strongly encourage you to visit the severance pay calculator our firm has developed to see what you would be owed if terminated (www.SeverancePayCalculator.com).
As to the second part of your question, regarding whether or not an employer can terminate your employment DURING a medical leave of absence, there are a couple of things you need to know: (1) If the termination is for reasons wholly and completely unrelated to the fact of your medical condition and/or your medical leave of absence (for example, the entire department you work in is closing and everyone in your department is being laid off or because they just determined that you stole from them), then a termination is permissible. Whether you have any termination/severance entitlements will depend on the reason(s) for the termination. (2) However, if the reason for the termination is because of your absence or is somehow related to your medical condition, then such a termination may amount to discrimination under human rights law and/or a violation of worker’s compensation legislation, etc., and depending on the precise circumstances, you may be entitled to additional compensation over and above any termination/severance entitlements you may have in the circumstances.
MOST IMPORTANTLY, as hopefully is clear by now, there are many variables in play which may affect your rights and entitlements and you may wish to seek a more pointed consultation with us, i.e., a consultation during which we can become fully aware of your circumstances and provide information and advice specific to those circumstances. What we have written above is VERY general in nature and may or may not apply depending on your precise circumstances. There is no substitute for obtaining information tailored to your exact needs. Although we hope it is not the case, should it turn out that your employer wants to meet in order to terminate your employment, you should seek consultation before signing anything and to determine what your rights may be in that circumstance.
Finally, I would strongly encourage you to visit the severance pay calculator our firm has developed to see what you would be owed if terminated (www.SeverancePayCalculator.com).