A decision of the Human Rights Tribunal of Ontario (“Tribunal”) explores the boundaries of the duty to accommodate in the workplace, raising important questions about how far employers must go to meet accommodation requests, and whether emotional discomfort during the process can establish a
Ontario’s introduction of long-term illness leave (“LTI Leave”) significantly expands statutory leave entitlements. While the statutory framework appears straightforward, the real legal risk lies in how it intersects with human rights accommodation obligations.
The Statutory Framework
Effective June 19, 2025, the Employment Standards Act, 2000 (“ESA”) provides eligible employees with up to 27 weeks of unpaid, job-protected leave
When an employee asks for time off for medical reasons, employers often aren’t sure how much medical detail they’re allowed to ask for, or what their obligations are to accommodate the employee.
A recent decision from the Human Rights Tribunal of Ontario (HRTO) helps clarify this. It shows that vague medical notes aren’t enough on their own, and that employees need
Most employers know they have a legal duty to accommodate an employee with a disability. But what exactly is the scope of that duty and what does the accommodation include?
This post will set out the basics.
Continue Reading Employment Law 101: Accommodating a DisabilityThe dust has settled post-pandemic and employees are out of sorts. Turnover is high across all industries as people regroup and sort through what they want out of their careers.
We regularly hear about employees resisting commuting, moving on quicker than ever when the job gets difficult, and when regular feedback gets uncomfortable.
Continue Reading Exiting Employees on a Disability Leave
Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?
Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information
Employers may brush off the importance of a Record of Employment (ROE) or even have their accountant handle all the details, but it is an important document in the realm of employment law. This document becomes significant when it comes to topics such as terminations, lay-offs, resignations, disability, illness, quarantine, a leave of absence and maternity or parental leaves. So here are the top 6 things that every employer should know when it comes to a Record of Employment.
Firstly, what is an ROE?
An ROE is a form that employers complete for employees who are receiving insurable earnings who have stopped working and are experiencing an interruption of earnings. This document is a requirement of the Employment Insurance Program. An ROE must be completed even if the employee is not applying for Employment Insurance Benefits.
Continue Reading Top 6 Things to Know Regarding ROEs
Canada has just passed a new law to strengthen accessibility for people with a disability in federally regulated workplaces and organizations.
The Act to Ensure a Barrier Free Canada, also known as the Accessible Canada Act (the “Act”), came into force on July 11, 2019 and aims to create a “Canada without barriers” by
A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting. In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified
Discrimination on the grounds of “family status” continues to be a hot topic for Canadian employers. Are employers required to accommodate an employee’s eldercare obligations? Are these sorts of obligations different than an employee’s childcare obligations? Where is the line between personal preference to help