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What if I am completely unable to work despite efforts to accommodate?

While employers are required to accommodate to the point of undue hardship, there may be instances where your health or circumstances simply do not allow you to continue working. Where you may once have been able to perform in the role with accommodations, if those accommodations are no longer sufficient, you and your employer may be at an impasse. In that case, your employer may not be able to accommodate you in the workplace, but may be able to accommodate you by allowing you to take a temporary leave of absence.

If illness is what prevents you from working and your work offers disability coverage, you may want to consider applying for short term or long term disability benefits. The application process can be lengthy, but it may be the ideal option to remove you from your duties while you focus on your recovery. Alternatively, you may be eligible for Sickness Benefits through Employment Insurance.

While a leave of absence can be a form of accommodation, an employer will not be expected to allow you to remain off work indefinitely. If it becomes clear that there is no reasonable likelihood that you will be able to return to work in the foreseeable future (either with or without further accommodation), your employer may claim that your employment contract has been ‘frustrated,’ or that you are no longer able to perform your obligations under the contract. Learn more about frustration here.

Employment Lawyers - Rudner Law
Alternative Dispute Resolution Rudner Law

Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500


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