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I am on short term leave. My stress and anxiety levels were through the roof, affecting my personal relationships as well as my health. My dr said to go on leave when I cried because I wasn't able to look forward tobthe birth of my grandchild. I was initially told that my end date would be Sept 11 wth a dr's note due Sept 3. I then received an email Aug 6 stating that I was to return to the office Aug 10 with stagered hours to start. I can not go back there. It's not worth the anxiety & stress. If I refuse to go back, what are the repercussions? I am 65 and do not have the financial stability to retire

I am sorry to hear about the additional stress and difficulties your employer is putting you through. Unfortunately, this type of behaviour is not uncommon when it comes to the handling of medical leaves, as the employer knows you are vulnerable and is attempting to take advantage of that.

The impact, ramifications, and relevant area of law would come down to who exactly is making the demand you return to work early.

If the employer has agreed to a timeline for it to be provided with medical documentation, and that you will be off until a certain date, it should not be demanding you return to work before then. Terminating you on a medical leave is a wrongful dismissal and discriminatory, meaning you would be entitled to severance package as well as potentially human rights damages.

If this is coming from your insurance company (i.e., the short-term disability benefits provider), then it would potentially be a disability denial claim.

Navigating these situations can be very tricky and emotionally overwhelming. We can help you address this and lighten the burden and stress you are going through. Do not sign or agree to anything. Contact us, and a member of our intake team will reach out to guide you through the next steps.
The Lawyers at Samfiru Tumarkin LLP
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