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I have been off work on LTD since April 2021 for major depressive disorder and high anxiety. I am not cleared by my psychiatrist to RTW yet. I received a letter 2 days ago from my employer, which is giving me to June 30th, 2023 to advise if I will be RTW or not. Below is cut and pasted from the letter:
"Should you plan to return to work, we would ask that you please advise us on or before Friday,
June 30th, 2023. After June 30th, 2023, we will no longer be able to hold your position and will
proceed with the following:
1. Issue payment of any outstanding accrued wages and vacation pay (if any).
2. Cancellation of the following benefits through our benefits provider Victor Insurance:
a. Extended Health Care;
b. Emergency Travel Assistance; and
c. Dental Care.
In the alternative, you can opt to take over payment of these premiums to keep these
benefits available to you.
3. Issue a record of employment in electronic format."
As I am not cleared to RTW, I cannot answer this. Also, the LTD benefits I am receiving have been extended to August 2023. I don't know if I keep paying premiums if it will cover the LTD or not.
I am unsure how to proceed.
Thank you for your question. Based on the information provided, it appears that your employer will proceed with terminating your employment for frustration if you are unable to return to work in the near future. You do have an obligation to respond to their request, but it would be best to do that with the assistance of your treating physician and with guidance from an employment lawyer. Depending on how you respond to the request, it could mean the difference between receiving only your minimum termination entitlements and your full severance entitlements. Given the complexity of your matter, it is critical that you contact us at the number below immediately to schedule a consultation with one of our employments lawyers. We'd be pleased to assist you however we can.