Can I Be Laid Off While on Sick Leave?

Being laid off is a type of termination of employment that comes from no fault of the employee. Though your employer is able to lay you off at any time, sick leave and long-term disability can complicate how a layoff is handled. Your employer cannot fire you because you are on sick leave or for using your sick leave benefits. For your employer to lay you off or terminate your employment they must give you the appropriate notice or severance pay. Employers must also abide by Employment Standards and Human Rights Legislation when laying off an employee.

How Does COVID Affect Sick Leave?

It is important to note that employees who are taking sick leave due to COVID-related treatment, isolation or illness are entitled to paid sick leave. Up to three days of paid leave is available as part of the emergency measures taken to protect Ontario employees during the COVID-19 pandemic. An employee cannot be fired or laid off for utilizing this paid leave, however proof of eligibility may be required to obtain this benefit.

Wrongful Dismissal Archives

Can You Be Laid Off While on Sick Leave?

There are countless reasons why an employee may need to take sick leave. Whether you are taking a time to recover from an illness, injury, or other medical events it is important to understand your rights as an employee. All workplaces in Ontario are required to provide three days of unpaid, job-pro...

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Can You Get Fired for No Reasons in Ontario?

Being terminated from your places of employment can be a very difficult life event to navigate. Beyond the emotions that may arise from such an event, you are also tasked with the stress of finding new employment. At Soni Law Firm, we have worked with clients who have felt blindsided by being let go...

Can a Pre-Existing Job or Side Business Affect an Award for Damages for Wrongful Dismissal?

The ongoing pandemic has substantially changed the job market over the past year in several ways, including employees being laid off or terminated at a higher rate, and employees increasingly seeking additional employment or self-employment to provide financial security during these uncertain times....

Can I Claim Unfair Dismissal During My Probation Period?

If you have recently been let go from your place of employment during your probation period, you may be wondering if there is anything you can do to dispute the dismissal. Though in many cases, it may be within your employer’s rights to dismiss you during this period, there may be circumstances that...

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Resignation Letter Can be Taken Back Else Wrongful Dismissal Ontario Court of Appeal Says

‘Can I take back my resignation letter?’ That’s been a question for the ages for both employees and employers in Ontario. Over the years Ontario courts have tried to forge a path of certainty, however, resignation remains a subjective part of employment law Ontario. Typically, to asses if a resig...

Know Your Rights: 5 Examples to Help You Understand Wrongful Dismissal

Wrongful dismissal, oftentimes referred to as unfair dismissal, is an area of employment law that is not readily understood. There are many reasons for this. While it sounds obvious, not every termination matter involves a wrongful dismissal element. Also, many people don’t appreciate that they are ...

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Concerned About a Wrongful Dismissal? Find Out How You Can Contest It

“Your services are no longer required!” That’s a statement straight out of every employee’s worst nightmares. If this has been an unwavering cause of distress for you as well, do not fret over the dreadful possibilities. Sit back and analyze the situation thoroughly. We can help. For starters, yo...