Q.
Are you able to hire a replacement employee when an accommodated
employee is absent on long-term leave?
A.
Yes, an employer is entitled to replace an employee on leave.
However, if the absent employee has taken a long-term leave
protected under the Employment Standards Act, 2000, they
have a preferential right to return to their prior position if the
position still exists (or duties are still performed), or to
another comparable position if that position (or duties) no longer
exists. The absent employee should not be disadvantaged in their
return for having taken permitted leave. This could result in the
termination of the replacement employee, including the payment of
notice and severance (if applicable), if no other position can be
found. However, such eventuality can be defined under the
replacement employee’s contract and can be addressed when
hired into the temporary replacement position.
