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ARTICLE · 07 OCTOBER 2014

Can A Company Fire An Employee Who Is On Sick Leave?

Mere weeks from the municipal election, the sudden news of Rob Ford’s cancer diagnosis brings to mind how devastating illness can be to one’s career.

CanadaEmployment and HR

Mere weeks from the municipal election, the sudden news of Rob Ford's cancer diagnosis brings to mind how devastating illness can be to one's career.

One never expects to leave work for an indefinite period, suddenly off-loading work fraught with looming deadlines to colleagues; leaving your employer and coworkers in the lurch.  A sick leave, taken at an inopportune time, can be catastrophic, steering your employer's business off the rails. When this happens, to what extent must employers suffer this inconvenience and keep an employee's job available until he or she is well enough to return?

The short answer, employers must accommodate sick employees to the point of "undue hardship", which is generally accepted to mean that employers have to show that their business would suffer overwhelming harm or loss as a result of not terminating the sick employee. What many employers don't appreciate is that this is an onerous burden as the legal threshold to prove undue

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