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FOR EMPLOYEES
FOR EMPLOYERS




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In the event when I return to work after more than 2 years on disability and my workplace offers me modified duties or roles/responsibilities should I and can I accept these and should it affect my pay and/or seniority for my years of service in the event this goes to severance or constructive dismissal down the line. According to your severance calculator, in the event I needed to pursue a case, it would put me in the “maximum” allowable compensation of 24 months. Therefore, what should I and shouldn't I do/accept to ensure I retain this maximum allowable compensation (other than signing termination papers)?

The employer is required to accommodate your return to work, in accordance with the medical restrictions outlined by your doctor. Your seniority will not be affected, and ideally, your medical restrictions don't prevent you from earning the same as pre-disability. Please contact us at the number below if the return-to-work process is unclear or if you are concerned that the employer does not comply with its obligations.
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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