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I am on an official extended sick leave with a note from my family doctor. The most recent notes covers the period until April 7th inclusive. I have received a letter from my employer on March 24th in the afternoon ordering me to return to work full-time on March 26th. I have not returned since I am not well enough to work, especially full-time (basically, that's why I had the physician's note). I was planning to use my sick credits fully and then apply to short-term disability. On March 26th, I was notified by my employer that I am on unauthorized unpaid leave since March 26th, which will lead to disciplinary measures and dismissal. I am a single mother with an 8-y.o. child and have no other sources of income. I also have an underlying mental health disability. Two questions: can the employer do it and what should I do in this situation?
By ordering you back to work when you are on a medically-authorized leave of absence, your employer has likely violated the terms and conditions of your employment, as well as the applicable human rights legislation. In short, your employer cannot discipline you for taking a medical leave of absence or order you back to work. At most, your employer can request additional information from your treating physician regarding the expected length of your medical leave and your specific limitations. You should contact our firm as soon as possible so that we can guide you through this difficult situation.