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I have been asked to forward these questions to you by your ltd department as it is related to workplace as well.
I have been off work for almost 3 years
(2&1/2 years on ltd benefit payments). At this point, if my workplace decides not to take me back or after returning back decides on a termination, does it in any way affect my full severance entitlement (in either case)? According to your calculator, I am currently eligible for the 24 months. Also, could this also be a human rights violation and entitle me to even greater than this?
Although my understanding is that the definition can change after 24 months, does it in any way affect my full severance entitlement at this time?
You have full termination entitlements if your doctor clears you to return to work and your employer refuses to reinstate or accommodate you. A different scenario applies if your medical leave continues in the foreseeable future and your return to work prospects are poor due to medical reasons. In this case, you are entitled to damages resulting from frustration of contract for medical reasons. Please contact us at the number below to book a consultation to discuss your circumstances further.