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Because of stress, I have been on a medical leave from work. My doctor supports me returning to some kind of work, just not with the same old work conditions I had. But my employer is not cooperating

Luckily, human rights laws in most parts of Canada now dictate that your employer has to “accommodate” any legitimate restrictions you have – at least those connected to specific grounds like age, creed, race, disability, etc.

In the context of illness or disability – the example used here – your employer may have to accommodate not only your need for periods of time off but also modified conditions at work.    Only when there is really convincing proof of “undue hardship” in terms of e.g. heavy costs or safety risks can the employer hope to avoid the duty to accommodate you.     

Whatever solutions we’re able to work out with your employer, the key is for the conditions to conform to your medical restrictions.   Generally any vacant positions you could fill (even if some training is required) should be considered.   You have to cooperate in the process of finding the best options, too, of course.

Timelines and evidence are often important, so it’s good to get advice from an employment lawyer as soon as you can.  Feel free to call me if you have questions or want to book a quick consultation.  
 
 
Wesley Jamieson
Wesley Jamieson
P: 905.572.5806
wjamieson@rossmcbride.com