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I've been on medical leave since the end of November 2025 due to a surgical procedure and have been receiving employment insurance. Due to the stress of the procedure, an old non-work-related injury flared up, causing my period of leave to extend as I could not safely perform my regular duties until I recovered. My employer was aware of this injury prior to my surgery and it had been well under control for years leading up to now.
During my period of leave, I made an attempt to return to work under Doctor-prescribed limitations to which my employer had no modified or alternative duties available, so I remained on medical leave. I made a later attempt with fewer limitations as my recovery progressed, to which my employer then expressed concerns over safety and liability due to the nature of my injury and recommended I remain on medical leave until I was certain my injury would not be a risk. My employer also expressed that I may not be allowed to return to my regular duties due to insurance reasons, but no other information regarding this was provided.
As of now, my employer has contacted me and is urging me to resign my position and claim I owe upwards of $800 in employee insurance premiums accumulated during my time on leave that had not been discussed with me prior to taking leave. I've requested an itemized breakdown of what I owe for insurance premiums and documentation regarding employee premium obligations but have yet to receive a response. I have been employed with this company for 2 years.
What are my rights or obligations in this situation? And are there any concerns regarding severance, employer accommodation obligations, or the manner in which my employer is seeking to end my employment?
The lack of accommodation provided by your employer when you tried to return to work on the two occasions raises some concerns about human rights, but this will depend on the nature of the accommodations requested and the employer's reasons for refusing to provide those accommodations. However, an employer is required to try to accommodate an employee up to the point of undue hardship.
Your employer's request that you resign also raises concerns. I would not resign from your position until you have spoken with an employment lawyer, as this will impact your ability to collect severance. An employee who resigns from their employment gives up their entitlement to severance.
If you would like more information on your situation, please contact us at the number below.
Your employer's request that you resign also raises concerns. I would not resign from your position until you have spoken with an employment lawyer, as this will impact your ability to collect severance. An employee who resigns from their employment gives up their entitlement to severance.
If you would like more information on your situation, please contact us at the number below.