Add Comment Question: Can my employer dismiss me if I’m in sick leave Answer: Generally your employer is required to reinstate you to your position upon your return from your sick leave. A termination while you are on sick leave will in most cases be improper and amount to a breach of the Human Rights Code unless there was some clear and valid business reason for the termination. If any reason of why your employer terminated your employment had to do with you being on a sick leave it is a clear breach of the Human Rights Code and a wrongful dismissal. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.