I have two questions.
Question 1 — Sick leave, EI, and return-to-work risk
I am at the beginning of a one-month medical leave. Today, HR asked whether I want to use my approximately 100 hours of available sick leave. If I do, my portion of benefit premiums would continue to be deducted through payroll while sufficient sick leave remains available.
Before my medical leave, I was already under a negative performance-management process. I had received two “strikes” under a Growth Plan, and my understanding is that a third strike could potentially lead to termination.
Because of this, I am concerned about returning to work under significant pressure and possibly receiving a third strike soon after my return.
From a legal and financial perspective, should I normally use my available paid sick leave first, or apply directly for EI sickness benefits? Are there any risks to preserving or using my sick hours in this situation, particularly if I may later need a longer medical leave, disability benefits, or legal advice regarding termination?
Question 2 — Repeated denial of remote work and possible future relevance
During almost two years of employment, I requested remote work several times and my manager repeatedly refused. One explanation she gave me was that HR did not support staff working from home.
However, in practice, HR staff and other members of my team regularly work remotely, while I have generally been required to remain in the office. My job description also describes the position as hybrid.
I also have significant caregiving responsibilities for a disabled family member and have paid substantial home-care costs so that I could continue working full-time. Some of my remote-work requests were connected to those caregiving pressures, although I did not always formally frame them as accommodation requests.
Could this history be legally relevant in the future if my employment ends, if I negotiate an exit, or if I apply for long-term disability benefits? In particular, could the repeated denial of remote work be relevant evidence of unequal treatment or a failure to consider accommodation, even though my earlier requests were not always formally presented as disability accommodation requests?