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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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How long does an employer(Nova Scotia) have to keep a position

Resolved Question:

How long does an employer(Nova Scotia) have to keep a position open for an employee on LTD?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.

Debra Thal (username) :

There is no set time and there is no clear answer.

Debra Thal (username) :

In fact a lot has been written about this by employment lawyers who want to protect employers who are their clients.

Debra Thal (username) :

The botXXXXX XXXXXne is really about reasonableness and undue hardship.

Debra Thal (username) :

The employer does not want to be forced to defend a complaint of discrimination.

Debra Thal (username) :

But at the same time there comes a point when the employer will undergo undue hardship and the employer is not required to face undue hardship.

Debra Thal (username) :

So it's most prudent to review the particular set of facts with a lawyer.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

Debra Thal (username) : (NNN) NNN-NNNNin Halifax or 1(NNN) NNN-NNNNtoll free in Nova Scotia.
Customer:

Why does GWL insurance company say it is critical that I try to return to work before the end of 24 months as my employers does not have to hold my position after that?

Debra Thal (username) :

I don't know.

Debra Thal (username) :

There is no law in this regard unless there is something in your contract or your collective agreement if you are in a union.

Debra Thal (username) :

Otherwise I am not sure that is true.

Customer:

I do not have a contract and am not in a union. I am in a middle management position and have been employed for 30 yeras with this company.

Debra Thal (username) :

I don't know where they are getting this from.

Debra Thal (username) :

Why not ask?

Customer:

Your orginal answer is too general to be of any use. Our headoffice is in Alberta and maybe Alberta has a time limit on holding a position for a LTD employee.....what do you think?

Debra Thal (username) :

I think that is not the case.

Debra Thal (username) :

There is no such law.

Debra Thal (username) :

The law is that the employer has a duty to accommodate you until the point of undue hardship.

Debra Thal (username) :

If the employer does not then the employer is guilty of discrimination.

Debra Thal (username) :

And the caselaw is just not clear in terms of when the time limit becomes unfair or unreasonable for an employer because it is highly fact specific.

Debra Thal (username) :

It looks like you are gone.

Debra Thal (username) :

I am going to go offline then.

Debra Thal (username) :

I will be back in a few hours if you still want to chat.

Customer:

I have sent a e-mail to our HR Dept to see what they say about the 24 months.

Customer:

It appears that in the Great West Life Benefit booket in the section on "Long Term Disability Coverage" under "Definations" that the definition of "Total Disability" or Totally disabled" changes after the 90 day elimination period and 24 months.

Customer:

"(a)durning the elimination period(shown in the Summary of Coverages)and the next 24 months of total disability,unable to perform any and every duty pertaining to your occupation, and (b) thereafter, not able to engage in any and every gainful occupation for which you are reasonably fitted by education,training or experience,and that pays at least 662/3% of the amount you were earning prior to becoming disabled." I do not understand why the difference and what it means with regards XXXXX XXXXX employment after the 24 months....can you clarify?

Debra Thal (username) :

This is not about your keeping your job then.

Debra Thal (username) :

It's about what they say they cover.

Debra Thal (username) :

It sounds like they are saying that after 24 months the test for eligibility for coverage changes.

Debra Thal (username) :

Before 24 months the test is only if you can work at your occupation.

Debra Thal (username) :

But after 24 months it expands and you have to prove you cannot work anywhere that you are educated and trained enough for and pays at least 66.66% of your regular pay.

Debra Thal (username) :

So it's hard to prove eligibility after the 24 months.

Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86265
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you

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