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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99491
Experience:  Lawyer
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A friend hurt himself at home. He was off work months

Customer Question

A friend hurt himself at home. He was off work for 2 months and had surgery. The doctor said he can go back to work for half days and gradually return to full-time. His boss just called him and told him they hired someone else, and they can only give him 7 hours a week. Can they do that?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Thank you for requesting me. What province it this, please? Is your friend in a union? Did your friend advise them that he needed time off because he had been hurt?
Customer: replied 1 year ago.

Ontario

no union

yes, employer is aware. he is ready to go back to work for half days.

Expert:  Debra replied 1 year ago.
The law is that the employer is required to provide all employees who have special needs because of a disability (which includes illness or injury) accommodations that are needed so long as the accommodations are reasonable and so long as this does not cause the employer to undergo undue hardship. So, if the employer could have accommodated your friend but is refusing to do so and cannot prove undue hardship this would considered to be a case of discrimination and contrary to the Human Rights Code. If that is the case, your friend should file a complaint with the Human Rights Tribunal. Let me know if you need any further clarification.

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