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On Oct 18th I received notice that my position was eliminated while I was on STD. The letter I received indicated while on STD my current disability leave would not be impacted with no immediate action required from me. I was contacted by my Director to advise of the situation and was told to call him once I was ready to return to work and they would go through the next steps with me. As I’m still considered an employee, I was not provided with any details pertaining to a severance package as of this date. In mid December I transitioned from short term to long term disability and I am still currently on LTD. Is or will my severance package be compromised once I’m cleared to return to work since the notice was given while on STD.

Thank you for your question.

Generally speaking, an employer can only receive credit for monies paid to you after you have been given notice of termination. Since you have not been given notice of termination, your entitlement to severance would only begin on the date that you actually receive notice. Your sick leave should not have a negative impact. The only complication is if you transition to LTD benefits in the meantime. That is an issue we can help you navigate.

If you are given notice of termination, I recommend you contact us at the number below right away.
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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