Employers often wonder how to handle requests for leaves of
absence from employees.
This requires understanding the various options available
depending on the terms of employment and benefit plans, but also
obligations under employment standards legislation and human rights
legislation. This balancing act can become burdensome and lead to
liability for employers if mishandled.
The Type of Leave
The type of leave is the most important factor to consider when
planning next steps following a request for leave. If an employee
requests a leave related to their health, it could be captured by
the broad definition of "disability" under human rights
legislation.
Where an employee engages a protected ground such as
"disability", employers have a legal duty to accommodate
the employee up to the point of undue hardship. This is a high
burden for employers to meet. Accordingly, employers should be
aware of their human rights obligations where the nature of the
leave
