What are an employee's rights around a disabling health condition in Canada?
October 25, 2011 10:52 PM Subscribe
What are an employee's rights around a disabling health condition in Canada?
Asking for a friend. He has a chronic illness that has recently come out of remission. He asked his employer to reduce the hours at his part-time job by 20%, citing his illness and family stress as the reason. (His illness is classified as a disability, though he doesn't call it that usually.) He is just shy of 3 months with this employer. He is finding the strain of the job very difficult. Can he take unpaid medical leave -- and does he have to have 3 months in first? Would the employer have to hold his job?Also, is the employer required to accommodate his request for a 20% reduction in work hours? His boss said they could try it out for a few weeks. However, his boss is not reducing productivity standards. His job does not have benefits.
You are not a lawyer/his lawyer, etc. He lives in BC. He had no idea that the illness would come out of remission. He plans to see a lawyer, but I thought I'd ask this for him first. He is gathering information, as he's not really sure how to proceed and doesn't want to screw anything up.
Asking for a friend. He has a chronic illness that has recently come out of remission. He asked his employer to reduce the hours at his part-time job by 20%, citing his illness and family stress as the reason. (His illness is classified as a disability, though he doesn't call it that usually.) He is just shy of 3 months with this employer. He is finding the strain of the job very difficult. Can he take unpaid medical leave -- and does he have to have 3 months in first? Would the employer have to hold his job?Also, is the employer required to accommodate his request for a 20% reduction in work hours? His boss said they could try it out for a few weeks. However, his boss is not reducing productivity standards. His job does not have benefits.
You are not a lawyer/his lawyer, etc. He lives in BC. He had no idea that the illness would come out of remission. He plans to see a lawyer, but I thought I'd ask this for him first. He is gathering information, as he's not really sure how to proceed and doesn't want to screw anything up.
He'll also want to check out the BC Employment Standards Branch website. Here's the fact sheet on leave, which does not list medical leave. Presumably he works for a provincially regulated business, not a federally regulated one, which are listed here and are covered by the Canada Labour Code.
Also, in BC, he needs to understand that an employer can terminate employment without notice or pay in lieu of notice if he hasn't completed three consecutive months of employment.
posted by sillymama at 9:08 PM on October 26, 2011
Also, in BC, he needs to understand that an employer can terminate employment without notice or pay in lieu of notice if he hasn't completed three consecutive months of employment.
posted by sillymama at 9:08 PM on October 26, 2011
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posted by Felicity Rilke at 11:03 PM on October 25, 2011