Getting Fired for taking medical leave

I work for a small company, and with surgery happening in just under 3 weeks things are happening fast.  I worry that they will fire me for taking medical leave.  I have had to beg and plead to take off time for the appointments, and they do not know why I was having appointments only that they were medical appointments.

Anyone, I told them today (by email as my manager would not make time to speak with me and the owner was holed up in his office).  I imagine tomorrow the **** will hit the fan..... And I have the feeling that they will be difficult .  I can't get fired for a medical leave can I? Been there two years. 

Assuming you're in Ontario, I would start with this link:

http://www.labour.gov.on.ca/english/es/faqs/general.php#fired

That said, I would probably get the answer from the Ministry of Labour (or whoever they direct you to, if it's not them).  While it isn't their business why you're taking time off, they may be more forgiving if they know why you're taking time off.

Dave

Hi my surgery twin!! I tried to reply to you on the other thread but it disappeared?!? Lol

i do not believe they can fire you for taking medical leave. This would be wrongful termination. They may try to find a different excuse though so just make sure you are crossing all your t's and dotting all your i's so to speak. Good luck!!! 

I was fired 4 days befor my surgery. Although my employer was well aware of my leave I was still fired with no reason. I have filed a claim with the labour board and I am currently waiting for a deliberation meeting. Everyone's situation is different. Your employees might be more understanding and forgiving. Good luck and all the best :) 

That is terrible.  I hope it all works out for the best for you!

They can fire you.  That doesn't mean that they are legally entitled to fire you or that you don't have recourse.  If they fire you, they will undoubtably not say it is directly because of your medical leave.  They may use a whole host of excuses.

 

If they fire you, and you suspect it is because of your medical leave (no other history of discipline or other problems, etc. I would contact a lawyer ASAP to get advice specific to your facts.  For example depending on the business the rules that apply may not even be Ministry of Labour which only covers provincially regulated businesses.  Federal laws apply to federally regulated businesses e.g. Communications, transportation,  etc.  it is always a legally difficult situation to assess any any lawyer ( I happen to be one) can't give you advice without all the facts.

 

i just wanted to point out that lots of people who legally shouldn't get fired do.  It is often a lengthy, uphill battle getting compensation for the injustice.  Sometimes if you lawyer up early, you magically get your job back -not always of course.

I've been dong some reading on this as well, because I also work for a small company. Although I am lucky, in that I work from home, and therefore will only be requesting a week off. I believe I read that if the company is under 50 employees, that medical leave / emergency leave are not required to be granted legally. Meaning they can say no, and or fire you. I could be wrong, but that is what I recall reading on the labour board website. I still think most employers will not fire you, in fear of a lawsuit.

Thanks all for the replies.  I was reading and my understanding is under 50 employees a company can basically do what they want so I guess I can get fired.  Great.  I hate my job anyway, but we need the second income which is why I have stuck it out so long.

Guess we will see what happens today... Fingers crossed.

 

Oh my gawd, what a terrible amount of stress to be heading into surgery with. I truly hope things work out well (PROPERLY) for you! Ill be thinking of you today - please let us know what happens. It's times like this I am ever so grateful to work for Hazel - fingers and everything else crossed for you!

K.

When my employer found out I would need surgery after a year of working there I was no longer a fit and was let go.