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I have been on short term disability for the past 4 months due to mental illness. The company paid for the first 13, after that the third party consultant company my company hired to deal with my case did not approve my case even though the doctor said I was not ready to go back to work. I contacted HR and said that I was going to apply for EI Sickness Leave Benefit program. My employer granted me a 2 month leave with no pay but I am still entitled to benefits (health & dental). They sent me a letter confirming the 2 months off but also notifying me that if I don't show up for work at end of 2 month (July 23) that I will need to resign.
I was not expecting them to ask me to resign while I am still not ready to go back. I need my benefits to pay for medical expenses. I have been with this company 6.5 years for the first 5 years I was on contact, then became full time.
Any information or guidance would be appreciated
thank you
Do not resign your employment prior to speaking with a lawyer for advice.
Typically, employers do not have an obligation to continue your group insurance benefits while on a leave of absence, unless its a job-protected leave of absence in accordance with the employment standards legislation. Most employees are eligible for up to 26 weeks of EI sickness benefits, so long as the absence is supported by their treating physician. If you are not medically able to return after the end of the two month period, your doctor can extend your absence through a doctor's note with a revised prognosis date. Please contact our office for a consultation for legal advice with regard to your specific situation.
Typically, employers do not have an obligation to continue your group insurance benefits while on a leave of absence, unless its a job-protected leave of absence in accordance with the employment standards legislation. Most employees are eligible for up to 26 weeks of EI sickness benefits, so long as the absence is supported by their treating physician. If you are not medically able to return after the end of the two month period, your doctor can extend your absence through a doctor's note with a revised prognosis date. Please contact our office for a consultation for legal advice with regard to your specific situation.