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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100408
Experience:  Lawyer
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I have question about short term disability leave. I been

Customer Question

hi I have question about short term disability leave. I been having severe stomach issues as well as panic attacks recently since a month. Taking medication for panic attacks and been referred to Gastro specialist as well as a psychologist specialist by my family doctor.
Also my family doctor has given me another sick note for another month off. My company got an independent assessment done and they said the independent report says that since I don't have full disability and can return to work soon. So my company wants me to start work asap. But because of me having panic attacks and not been able to sleep at night for more than 3 hours want myself to give another 3 weeks before I go back to work.
wanted an opinion on this.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

How was the assessment done? Were you examined by a doctor?

And does your doctor way you cannot work at all at this point in time?

Customer: replied 1 year ago.
I had been examined by my family doctor. He's referred me to gastrointestinal specialist as well as psychological specialist. HE told me it depends upon how I feel mentally to return to work as I have been having panic attacks since last month. He then wrote me a note to back to work after 4 weeks as he's started me on a medicine for panic attacks aND he said within that time frame the results will be visible.
Customer: replied 1 year ago.
I go to washroom 6 to 8 times everyday and been having issues with high anxiety. Been on short term disability for month now. HaVing severe digestive system issues as well.
Expert:  Debra replied 1 year ago.

I wanted to know if the employer had you examined by a doctor they chose. You said they assessed you and I want to know how.


Customer: replied 1 year ago.
It was a doctor they asked me to see and this doctor just asked me basic stuff. Didn't check my BP which has been too high as I was in emergency a month ago for chest pains.
Expert:  Debra replied 1 year ago.

I suggest that you tell the employer that your doctor and a specialist agree you need to be on sick leave and that employer is require to accommodate you unless doing so will cause the employer to undergo undue hardship and if the employer will not you will consider this to be a case of discrimination and consider filing a complaint with the Human Rights Tribunal.

It is not acceptable for a doctor retained by the employer to have a chat with you and decide you are fit for work.

It may make more sense for you to have a lawyer send a letter to this effect.

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

The number is:

1-***-***-**** or
***-***-**** in Calgary

Customer: replied 1 year ago.
Hi thanks for reply. Do you think the employer can take disciplinary action against me if I was to send them letter from lawyer? or the best way is to make them talk to my doctor?
Expert:  Debra replied 1 year ago.

I think you should have a face to face consultation with an employment lawyer and plan a strategy based on what the lawyer advises when the lawyer hears all the details.

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