Yes, you can be fired if your short-term disability is denied. However, that doesn’t necessarily mean the termination is legal.
Your employer can’t fire you because you have a disability, need medical leave or require workplace accommodation. A short-term disability denial also doesn’t automatically mean that you’re medically able to return to work.
This is where many employees get into trouble.
READ MORE: 4 major reasons long-term disability claims in Canada are denied
The insurance company refuses to pay benefits. The employer demands an immediate return. The employee feels forced to choose between going back to work before they’re ready or losing their job.
Before making that decision, here are four things non-unionized employees in Canada need to know.
1. Yes, you can be fired—but the termination may be illegal
Employers generally have the ability to terminate non-unionized employees, including workers who are sick, injured, or receiving disability benefits.
However, they can’t fire you because of your disability, medical leave or request for accommodation.
There is an important difference between being fired while dealing with a medical condition and being fired because of that condition.
A termination may be legal if the employer has a legitimate reason that is completely unrelated to your disability and provides you with the appropriate amount of severance pay.
The situation is much different if your medical condition, absence from work or accommodation needs played any part in the employer’s decision.
In that case, the termination likely amounts to discrimination. You are entitled to compensation beyond regular severance pay, which itself can be as much as 24 months’ pay.
READ MORE: 6 common employer mistakes that could lead to a bigger payout after termination
Most importantly, the denial of your short-term disability claim doesn’t give your employer automatic permission to fire you.
If you’ve been fired while on medical leave, or shortly after benefits were denied, contact legal employment experts before accepting a severance offer to make sure, you’re getting the full compensation you’re owed.
Get daily National news
For a detailed breakdown of these rights, read Samfiru Tumarkin LLP’s guide: Can I be fired if my short-term disability is denied?
2. A short-term disability denial doesn’t mean you’re able to work
Short-term disability benefits provide income replacement when an illness, injury or medical condition temporarily prevents you from doing your job.
Your insurer or benefits administrator decides whether you qualify for payments under the disability plan.
Your doctor determines whether you’re medically able to work and what restrictions or limitations you have.
READ MORE: ‘Get full support from your doctor’: Disability lawyer’s guide to making insurance claims
These are two separate decisions.
A denial doesn’t necessarily mean that your doctor is wrong. It also doesn’t mean that you’re suddenly healthy enough to return to work.
Employees who want to understand how these benefits operate can review this guide to short-term disability in Canada.
If your insurer has denied your claim despite support from your doctor, a disability lawyer at Samfiru Tumarkin LLP can review the denial and challenge it.
3. Your medical leave doesn’t automatically end when benefits are denied
Your right to medical leave isn’t determined solely by whether an insurance company agrees to pay you.
Give your employer updated medical information confirming your restrictions and limitations.
READ MORE: The insurer cut off his benefits. Then his lawyer reviewed his medical assessment
You don’t usually need to provide your employer with your entire medical history or every detail of your diagnosis. However, you must provide enough information to support your absence and allow the company to consider accommodation.
You should also remain in reasonable communication with your employer.
Ignoring emails, phone calls or requests for updated medical information could give the company an opportunity to argue that you abandoned your job or refused to participate in the accommodation process.
If your benefits have been refused or stopped, review what to do when short-term disability is denied in Canada.
4. Your employer has a duty to accommodate your disability
Employers have a duty to accommodate workers with disabilities to the point of undue hardship.
Accommodation could include continuing your medical leave, reduced or modified hours, remote work, or changes to your workspace.
Your employer can’t simply say: “The insurance company denied your claim, so you must return to full duties tomorrow.”
The company must consider the medical information and determine whether you can return safely, require modified work or need additional time away.
An employer may eventually argue that it can no longer accommodate a very lengthy absence. However, this is a complicated legal issue.
It doesn’t arise simply because your short-term disability claim was denied or because you have been away from work for several weeks or months.
Don’t resign or return to work against medical advice
Some employees believe they have only two choices: return to work immediately or resign.
Neither step should be taken without understanding your rights.
Returning to work before you’re medically ready could worsen your condition. It could also complicate your disability claim if the insurer argues that your attempted return proves you could work.
At the same time, refusing all communication with your employer isn’t the solution.
Most importantly, don’t resign because your insurer has stopped paying benefits.
Resigning could affect your right to severance pay and make it more difficult to challenge the way your employer handled your medical leave.
Don’t let a denied claim put your health, income or job at risk—contact Samfiru Tumarkin LLP before you make your next move.
Short-term disability denied? Worried that your job is at risk?
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.
