How Long Can an Employee Be On Sick Leave?

Navigating Protected Sick Leave During Busy Season: A Case Study

Today, a client reached out with a pressing question about managing employee leave during our busiest time of the year: “How long can an employee be on sick leave?” The situation? A skilled Service Advisor who has been with the company for six months has been frequently absent, often missing one day a week due to illness. Now, they’ve submitted a doctor’s note indicating they’ll need a month-long leave. So, what’s the next step?

We reached out to the Canadian Federation of Independent Business (CFIB) for advice, and their guidance was invaluable. Here’s how we approached it:

Can We Hire a Replacement? Yes, but with a catch. The CFIB confirmed that hiring someone temporarily is allowed, but it must be clear to the new hire that this role is strictly temporary. Because the employee is on a protected sick leave under the Ontario Employment Standards Act (ESA), they are guaranteed their job upon return. Additionally, before resuming work, the employee must provide a second doctor’s note clearing them medically.

What if the Absenteeism Continues After Return? This was the next question I posed. If the employee, upon return, continues to frequently take sick leave, can termination be considered? The CFIB advised that this situation is complex: Medical leave due to sickness is protected under the Ontario Human Rights Code. This means that as long as their absences are due to documented health issues, disciplinary actions or termination solely on that basis would be considered discrimination.

As the situation unfolds, we’ll need to navigate carefully, maintaining fairness while balancing business needs. This employee has proven to be a good performer, just not dependable. For those managing similar cases, keep a close record of all actions and communications, and stay tuned for updates—I’ll be sharing how we approach this ongoing challenge.