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I got an accounting position through an Employment Agency in May 2015. It was a permanent position, after a 6 month probation period, during which the agency got their % of my pay. In June 2015, I became very ill, was admitted to hospital, and continue to be on a medical leave to this day. During this entire timeframe, my boss continually told me that my health came first, and that everything was ok at work as they hired a temporary replacement for my position while Im off. She never asked for doctors notes of any sort, though I offered them numerous times. I am now able to return to work in about 2 weeks, and only now I receive a txt message to my phone from my boss saying I no longer have a job. I feel mislead, and as if I should have known sometime along the way that my job was in jepardy. I have all medical records and all conversations saved. Am I able to be dismissed for medical leave without warning?
Thank you for your question. To answer your direct question: no, you cannot be fired for taking a medical leave. You can, however, be fired while you are on a medical leave, so long as your medical leave (or related disability/illness) was not a factor in the decision to terminate you, and as long as they provide you with proper notice or pay in lieu thereof. If you were terminated within 3 months of your start date (the precise dates are unclear from your question), then you would not be entitled to any notice under the Ontario Employment Standards Act, but you may be entitled to notice pursuant to the common law, depending on your contract of employment with the company (which can take the form of an offer letter or a multi-page agreement). I strongly suggest you contact a lawyer.