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What are my obligations as an employer toward a 10 year employee who has been on an 8-month unpaid medical leave. In her absence we were forced to fill her position as we were unsure of if/when she would return. Must I take her back in the same position at the same salary? Must I honour request for modified duties? Can I request a doctor's note indicating a "clean bill of health"?
Thanks for the question. The answer depends on whether the employee will be fit and able to return to work in the reasonably foreseeable future. It's important in the circumstances (and your right, as the employer) to have updated medical information regarding the employee's medical leave. It is equally important to consult with an experienced employment lawyer to make sure the company is handling the situation correctly. A premature termination of employment here can potentially mean tens of thousands of dollars in severance and human rights damages. Give us a call at the number below to set up a consultation so that we can discuss this further.