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FOR EMPLOYEES
FOR EMPLOYERS




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I am currently on an approved unpaid LOA to care for my husband during his critical illness. I recently received notice from my employer that a severance package will be provided upon my scheduled return, which has raised serious concerns regarding my ongoing benefits. Because my husband’s condition remains critical, maintaining our current benefits is essential to cover his necessary and costly medications. With this in mind, I would like to inquire about taking subsequent of absence. If I meet the eligibility criteria set forth by the Employment Standards Act and provide the required documentation to my employer, does the company have the discretion to refuse a subsequent leave (family medical leave, critical illness and family caregiver) under these circumstances?

Your employer cannot terminate you for reasons related to your protected leave and has reinstatement obligations following a job protected leave. Given the facts you have described, we recommend you contact us at +1-855-821-5900 to speak with one of our legal representatives about your situation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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