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ARTICLE · 07 SEPTEMBER 2017

Don't Get Burned When Firing An Employee On Leave

When an employee goes on leave for whatever reason and his or her work ethic has been less than exemplary, an employer can still fire the employee if there is just cause.

CanadaEmployment and HR
Overholt Law
Overholt Law

When an employee goes on leave for whatever reason and his or her work ethic has been less than exemplary, an employer can still fire the employee if there is just cause. Many employers are under the impression that they can't dismiss a worker on leave -- whether they're not working due to medical reasons, parental leave or for any other matter.

Employees using a leave to try to slip away from under the axe should know that being on leave doesn't grant them immunity from being fired or laid off. If you have an employee who has been reprimanded or written up a couple times and then suddenly take stress leave, it may be that he or she senses impending dismissal and is trying to avert what he or she sees as an inevitability.

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