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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100428
Experience:  Lawyer
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I have been on short term disability with a L5/S1 herniated

Customer Question

I have been on short term disability with a L5/S1 herniated disc for 3 months.My doc says I can go back to work with restrictions my insurance provider likes this because they wont have to pay me,but my employer says I have to be 100% with no restrictions to return.What can I do?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Has the doctor provided a letter to the employer detailing what the restrictions are?What is the employer's reasoning?
Customer: replied 2 years ago.
Yes the doctor provided a letter to the employer detailing restrictions.My employer doesn't want to pay me if I can't do the entire job.I guess they feel they're not getting their money's worth is my guess.
Expert:  Debra replied 2 years ago.
The law is that an employer is required to make reasonable accommodations for an employee who is disabled where the accommodations that are needed are reasonable and where these accommodations do not cause the employer to undergo undue hardship. In fact, it is unlawful and a breach of the Human Rights Code for an employer to refuse to make accommodations if the employer can do so without suffering undue hardship.For this reason if it is true that the employer can make these accommodations but does not want to do so you can file a complaint with the human Rights Tribunal will and it may be that you should tell the employer that you've learned how the law works and that you will file a complaint if necessary.
Customer: replied 2 years ago.
Thank you very much!!
Expert:  Debra replied 2 years ago.
You are very welcome.

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