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*worked with employer for 4 yrs*
-called in to work July 2nd feeling ill
- Stayed off until July 14th medical note (July 8th my dad was admitted to hospital)
- July 12th I notified work of the situation
- Since then, I supported him as he was in the ICU.
- My employer laid me off on July 18th.
- I agreed with my employer to return on Aug 18th.
- Since then, I asked for an extension as I was grieving my father’s loss - his funeral was August 8/9, I asked to come back on Sept 2nd explaining that I am in an emotionally fragile state and mentally unwell and need time to grieve. I had offered to see my doctor to confirm my current condition - however they did not respond
- on August 21st they sent me an email asking me for medical docs to accommodate my return to work on Sept 2nd, is this legal? They want my doctor to answer a few questions to see if it’s safe for me to return.
We are very sorry about your loss and to hear that your employer is making this difficult time even more challenging. When an employee is on a medical leave, or other form of job-protected leave, an employer has several obligations at law, including those flowing from Ontario's Employment Standards Act, and Ontario's Human Rights Code. Where accommodation is required, an employee also has certain responsibilities. We strongly encourage you to contact our firm to schedule a consultation with one of our employment lawyers. An employment lawyer at our firm can assess your situation in greater detail and help you navigate your return to work and potential request for accommodation. We will also be able to fully assess any potential human rights violations that may have already occurred.