Add Comment Question: Had to stop work for 3 weeks for cancer surgery and employer stopped my pay. Is this a form of termination or constructive dismissal. Answer: Hello, Unfortunately if you need to take a medical leave of absence from the workplace your employer is not obligated to pay you. However, the company does have to continue your benefits. This is not a form of termination or constructive dismissal. You can ask your employer to issue a Record of Employment stating you have to take a medical leave of absence so you can apply for medical Employment Insurance benefits from the government. 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.