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Hello! I am familiar with the ministry of Labour Law stating that if you have under 50 employee's and are NOT unionized your employee does not have job coverage! Now, I have a small business of only 3 employees, one of my employee's brought a Doctors sick leave certificate for 3 months off. Due to her absence, I have to hire someone immediately in order to operate my business. We know her job is not guaranteed back and I also know you can't penalize someone on sick leave however, seeing as I have no choice but to hire someone when she is gone can I legally "let her go" and if so, how do I word it? I am not letting her go due to you medical reason, but due to the fact that she is gone and I must hire someone immediately to work the hours and complete the duties that keep my business a float!
You may be able to terminate your employee after they return from sick leave if you provide the employee with termination pay. This is complicated situation and we strongly urge you to contact us at the number below for a consultation with a lawyer to discuss how best to properly terminate the employee.