Employees on sick leave or disability leave are entitled to protections under applicable Employment Standards and Human Rights Legislation. These safeguards aim to ensure employees do not suffer adverse consequences for exercising their right to take sick leave. Employers are prohibited from terminating employees solely based on an absence due to medical issues, some of which may include physical disability or stress disorder.
While regulations concerning sick leave and disability leave provide certain safeguards, they do not guarantee complete job security. Employers may be justified in terminating employment under certain legitimate, reasonable, and lawful circumstances. The decision to terminate must adhere to common law jurisprudence and statutory authorities.
Employees terminated while on sick leave or disability leave may be entitled to severance and termination pay.
In Zameel v. ABC Group Product Development, 2023 HRTO 533, the applicant filed a human rights complaint alleging disability-based discrimination after being terminated for having requested Short-Term Disability (STD) leave. The Tribunal concluded that the lack of formal disciplinary documentation regarding performance issues, failure to accommodate, and the timing of the termination demonstrated that the disability was a factor in the applicant’s dismissal. The complaint was upheld and the applicant was rewarded $80,000 in compensation.
In Complainant v. Company and others, 2024 BCHRT 23, the Complainant filed a human rights complaint alleging discrimination by her employer on the basis of sex and a physical disability. The Complainant was terminated while on medical leave following a foot injury. The Tribunal concluded that the termination was unrelated to the complainant’s injury or sex, citing a slowdown in work and pre-existing issues with the Complainant’s performance. The Tribunal further determined that the company did not have alternative work available, and accommodations to the Complainant would cause undue hardship. The Tribunal dismissed the complaint.
If you have been terminated while on sick leave, contact us to discuss your rights and potential legal options. There is no fee unless we get you money. Contact us today.