We are a small business with 8 employees in Ontario. I have a part time employee that has been with us for just over 4 months. He has missed 6 days of work, 2 days in the past 2 weeks and this past Friday was a no call, no show. We have given him 2 warnings about his missed days. I plan to terminate his employment today. He emailed me yesterday saying he has a problem with alcohol. Are we legally able to terminate his employment if he states an alcohol problem? Am I required to pay him severance pay? Thank-you!

Thank you for your question. This can be tricky. Alcoholism is considered a disability under the Human Rights Code. Once he tells you that he has a disability, if you let him go, you could be in breach of the Code. The better approach is to tell him that he needs to go on a leave of absence until he is able to get a certificate from him doctor clearing him to return to work. You would have to issue an ROE. Once he gets the certificate, you would have to assess whether you can take him back. If you cannot, then severance would have to be paid at that time. This has to be handled appropriately so it is very important that you call us.