Question and answer
Ask your question and an employment lawyer in Ontario, BC or Alberta will answer in minutes

FOR EMPLOYEES
FOR EMPLOYERS




Note, your name, city and email is not displayed on the website. It is used to notify you that we have answered your question.


Hello,
I’m seeking legal insight regarding how my employer has handled my short-term medical leave.

My leave was originally taken due to a combination of burnout, anxiety, and workplace-related stress, which included experiences that could be characterized as bullying. While on leave, I encountered ongoing pressure from a senior leader at the company, which has only added to the difficulty of recovery.

Specifically:
- My health benefits were terminated midway through the leave, without advance notice or documentation. After I challenged this and requested clarification, they were later reinstated and reimbursement for that time they were terminated was offered.
- I received a series of emails from leadership during the leave that went beyond reasonable communication. These included:
o Requests for informal or non-clinical communications from healthcare providers (such as email exchanges with clinic staff)
o Continued follow-ups after I clearly explained my limitations and rights
o Pressure to provide medical information that exceeds what employers are legally entitled to request

The company has no HR department, which meant I had no neutral party to escalate concerns to and had to manage all communication directly.

I have provided all medical documentation for my leave and have complied with all legal and procedural requirements.

I’d like to understand:
- Is it legal for an employer to terminate and then reinstate benefits during a valid short-term medical leave?
- Could this type of repeated communication and pressure—especially following reported workplace stress and bullying—constitute constructive dismissal or a human rights violation?
- What legal options or next steps should I consider to protect myself should this pattern continue?

Thank you kindly for any guidance.

Your employer should not have cut you off benefits during a short term medical leave, however the reason the benefits lapsed would be relevant. As for the communication, it will also be dependent on the exact content and context for those conversations. As an employee on medical leave you have an obligation to communicate reasonably with your employer.

Your situation would likely require a consultation to determine what the next steps should be. You can contact our firm at.

The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900 Email: webquestions@stlawyers.ca Web: www.stlawyers.ca
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
Leave a comment