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i am currently on a medical leave from work. for the last month, my employer has been harrassing and threatening , most recently, has threatened termination. In addition my employer has been attempting to get in touch with my doctor. I have submitted a letter from my physician (FEB 07, 2020) indicating that for medical reasons, I will not be returning to work for "several weeks". My employer has decided that my "several weeks" off has now been completed and thus I should be returning to work, and failure to do so will result in my termination. Can my employer legally do this both contact me while I am on a sick leave, and threaten to fire me?

Your employer can contact you within reason while you’re on medical leave if they are attempting to determine when/if you would be able to return to work or requesting medical support or information about accommodation which might be needed upon your return. However, this should not reach the level of harassment, and they should not be going around you to contact your doctor directly even where the doctor has sent forms to the company or it’s insurer on your behalf.

Your employer should not be threatening to fire you if you do not return to work, but I would suggest that you attend your doctors office to get updated medical information, such as a note which proposes an approximate length of time you will continue to be on leave. You do not have to disclose any diagnosis or specific treatment to your employer, but you do have an obligation to keep them informed of your condition, your timing, and any accommodations you may need in order to be able to return successfully.

The most effective way to prevent your boss from continuing to contact you or bother you in this manner is to provide updated medical. If he fires you as a result of your extended leave, while you are on sick leave, or shortly after your return, particularly if he refuses to accommodate any needs you may have upon returning, please contact our office immediately.
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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